CENTRAL CRIMINAL COURT.
ELEVENTH SESSION, HELD SEPTEMBER 20TH, 1841.
MINUTES OF EVIDENCE,
Taken in Short-hand
GEORGE HEBERT, CHEAPSIDE.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
Held on Monday. September 20th, 1841, and following Days.
Before the Right Honourable THOMAS JOHNSON , LORD MAYOR of the City of London; Sir William Henry Maule, Knt., one of the Justices of Her Majesty's Court of Common Pleas; and Sir, Robert Monsey Rolfe, Knt., one of the Baron, of Her Majesty's, Court of Exchequer; Sir Claudius, Stephen Hunter, Bart.; Charles. Farebrother, Esq,; William Taylor Copeland, Esq.; and Thomas Kelly, Esq., Aldermen of the said City: the Honourable Charles, Ewan Law, Recorder of the said City: John Pirie, Esq.; William Magnay, Esq.; and Sir George Carroll, Knt.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and William St. Julien Arabin, Sergeant at Law; Her Majesty's Justice, of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
JOHNSON, MAYOR. ELEVENTH SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**) that they have been more than once in custody—An obelisk† that a prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, September 20th, 1841.
First jury, before Mr. Recorder.
NOT GUILTY .
GUILTY .— Confined Six Weeks.
MR. CLARKSON conducted the Prosecution.
ELEANOR PETTIT MADDOX . I am the wife. of Thomas Slocomb Black-man Maddox, and live in Smith-street, Marlborough-road, Chelsea. In June last I had two ponies at my stable for sale—the prisoner came about them three times—I cannot exactly say the first day he came, but it was in June—the last time he came was on the 26th of June—he at first said he came recommended by Mr. Hetherington, who he supplied with hay and straw, to look at the pair of ponies—he did not tell me his name the first day—he afterwards told me he was a farmer, living at St. Albans., that his name was Comber, and that he formerly lived at Silverton, in Northampton-shire he looked at the ponies—they had been looked at by a variety of persons before—he did not buy them the day—I had other parties in treaty for them at that time, and told him so—he made no offer for them then, nor on the second day—I did not tell him what the persons in treaty had offered—when he came on the 26th he said he had come to see whether I had disposed of the ponies—I told him I had not—he never had the ponies out of the stable, he only looked at them in the stall—he said if he could not buy horses from looking at them in the stall, he was not worthy of buying horses at all—he offered 60l. I think first—I said it was a very low offer—I wanted 70l.—they were thirteen hands. high, very
handsome, particularly good, they were bay, without spot or blemish, black legs, manes, and tails—he said other persons might offer more money, but they would give me bills—I said bills would not be accepted, for I would either take money for my ponies, or I would keep them—he then offered 61l.—I called my mother to know whether I had better let him have the ponies—she said no, I should certainly be doing wrong—I had him into the parlour—he put his hand up to his head, and said, "Well, I must have them, I will give 62l. for them, but I cannot give any more"—he said he wanted them for a lady who was returning from France, and that she was such a kind woman, the ponies would have such a good home, and they would be kept in a meadow in front of his house till she returned—I was very fond of the ponies, having had them three years—they were my husband's property—I agreed that he should have them for 62l., and also a large Newfoundland dog into the bargain—he then took out a cheque-book, and said he had a very large account in the Southwark branch of the London and Westminster bank—a great many cheques were gone from it, and it appeared to have been worn—he said he was a very large dealer in horses, that he supplied the Duke of Newcastle, Mr. Hankey, and a variety of other persons he mentioned in Wales and else-where, and he always paid in cheques, for he never carried money about with him for fear of being robbed of it—I am sorry to say this imposed upon me—he wrote the cheque, and gave it to me in my mother's presence—this now produced is it—he said that Mr. Hetherington had been kind enough to lend him a man to assist him in leading away the ponies, and that he was going with the ponies straight to Mr. Hetherington's—after unfastening the horses, he cast his eye round the stable, and asked whether I would lend him one of Peat's hunting-bridles, which was hanging up, until the Tuesday following—I lent it him, but he never returned it, and I never saw him again till he was taken into custody—before the 26th of June I had seen a man named Peter House, but I did not know at that time that it was House—I had not the least idea I had such a set about me—a man named Beament also came—I permitted the prisoner to take the ponies on receiving this cheque, and on the faith that it would be paid—I should not have parted with them, except on the belief that he had authority to draw the cheque, and that there would be money to meet it when presented—I considered it exactly as cash—I have since seen one of the ponies in the streets of Oxford, with Mr. Rack straw, an attorney, riding her—they could be ridden as well as driven—they were remarkably good-tempered and docile, from never having been knocked about or ill-treated, and yet they would go at about fourteen miles an hour.
Cross-examined by MR. CHARNOCK. Q. Did not the prisoner state that he came in consequence of an advertisement? A. No, he never mentioned the advertisement—they were advertised—he said he came from Mr. Hetherington—there was no one present but myself when he came the first and second times—on the third occasion my mother was present—he never mentioned the advertisement—they were only advertised once, and that was in the "Times," to the best of my recollection—my husband is a surgeon—he was in the country at the time—he was backwards and for wards for some time in search of a practice—I was left with my mother—he had left me authority to sell them—I am quite sure the prisoner mentioned the name of Mr. Hetherington—I did not mention it first—I did not refer him to Mr. Hetherington for the character of the ponies—he said he
had come from Mr. Hetherington well assured of the character of the ponies—I certainly did not refer him to Mr. Hetherington, nor did I mention his name in the first instance—to the best of my recollection he first offered 60l. for the ponies—that was not on the first visit—there was no offer made at the first visit—there were other parties after the ponies—he came and looked at them, but I told him I could not say any thing to him then, because there was another party in treaty for them—and when he came the second time, I was waiting for the other party—I had asked a higher price of the other party—I had asked the prisoner 70l.—he said it was too much for him to give, because he had to make money by them—he said the ponies were worth it—that was on the last occasion—my husband is unwell, and is not here—he was once before the Magistrate, but was not examined—Mr. Hetherington's name was mentioned on the first occasion—I did not see Mr. Hetherington between the first and second or second and third interviews with the prisoner—I had mentioned to Mr. Hetherington that we had ponies to dispose of, and he had said he would recommend us, and I believed that the prisoner came recommended by Mr. Hetherington—three or four days elapsed between the second and third interview—I cannot say how long elapsed between the first and second—the prisoner has not paid me 5l. lately on account of this transaction.
MR. CLARKSON. Q. What time in the day was it that he handed you this cheque, on the 26th of June? A. I can-not exactly say, but I should say between five and six o'clock—it was late in the afternoon.
JOHN HETHERINGTON . I am a livery-stable keeper, in Connaughtterrace. I do not know the prisoner—I never recommended him to go to Mrs. Maddox, to see and purchase these ponies—I never saw him to my knowledge till he was at Queen-square.
ALEXANDER DIXON . I am employed in the Southwark branch of the London and Westminster Bank, 3, Wellington-street, Borough—the prisoner opened an account there on the 18th of March this year, and paid in 20l.—it staid there about a month—he afterwards paid in another 20l., which did not stay so long—he never paid in any thing more—on the 26th of June last he had no money in our bank at all—we had reason to look for him, but could not find him—this cheque was presented for payment at our bank and refused, because we had no assets—the account was closed on the 18th of May.
Cross-examined. Q. How long has the prisoner banked with you? A. On the 18th of March the account was opened—no cheque was presented on the prisoner's behalf which I refused to pay at first, and afterwards paid—(looking at the margins of two cheques)—one of these purports to be for 30l., and is dated the 22nd of March—that is not correct—he never had 30l. at one time in our hands—this other is dated the 27th of March—I cannot say, but this might have been presented, but it was never paid, being refused—I post the cheques, and they are referred to me—I can undertake to swear neither of these cheques were first refused and afterwards paid.
COURT. Q. Had he in fact drawn out every shilling he had put in? Yes, there were a number of his cheques presented, in consequence of which the cashiers had orders not to receive any more money—that was in less than three weeks after the account had been opened—we sent to the address he had given, but could not find him—no person of that name ever lived there—he had been introduced to us by a person who formerly
kept an account with us—he left a balance of 4l. in the bank, which a person took who brought a cheque for 16l.—there was not another shilling of his in the bank.
THOMAS HENRY THOMPSON (police-sergeant D 4.) I apprehended the prisoner on the morning of the 9th of July, at a house at Harrow-on-the-Hill—I told him what I took him for—he said, "Then it is all over with me"—he asked me to allow him to kiss his wife and child, who were lying in the bed—on our way to town he told me that the ponies were not more than forty miles off, he could get them—he would not tell me where they were, but said he could show me—he asked me if I could make it right—I told him I did not know, I believed all the people wanted was their ponies—he said they were sold—in consequence of information I afterwards went to Oxford—I had not been ten minutes there before I met with a man and got some information, in consequence of which I went to the premises of a livery-stable keeper in St. Giles's-street, Oxford—I there saw a pony which the prosecutor claimed—it turned out to have been in the possession of Mr. Rackstraw.
Cross-examined. Q. Did you give the same account of this transaction before the Magistrate? A. I believe I did, and believe I gave more than I have been asked here—I mentioned at the office that the prisoner said it was all over with him—I believe it was taken down—it ought to have been if it was not—I signed it—I did not see what was written—what I said was taken down and read over to me—this is my handwriting—(the witness's deposition being read did not mention the expression, "It is all over with me.")
(The cheque was here read.)
GUILTY . Aged 45.— Transported for Seven Years.
(The prisoner had been capitally convicted of horse stealing in 1830.)
GUILTY .** Aged 28.— Confined Six Months.
GUILTY .* Aged 22.— Confined Three Months.
GUILTY . Aged 22.—Recommended to mercy.— Confined Three Months.
NEW COURT.—Monday, September 20, 1841.
Fifth Jury, before Mr. Sergeant Arabin.
GUILTY .— Respited.
GUILTY . Aged 55.— Transported for Seven Years.
OLD COURT.—Tuesday, September 22nd, 1841.
Second Jury, before Mr. Recorder.
NOT GUILTY .
NOT GUILTY .
JOSEPH HESKETH . I am a porter in the employ of Van Orton and Co., of No. 22, Billiter-street. On Wednesday evening, the 8th of September, I was shutting up the windows of the premises, and noticed the prisoner by Mr. Richardson's shop, which is opposite us—I saw him come up to the shop front, and thrice look into the window—he then went to the door, deliberately opened it, and walked in—I watched for a few seconds, and saw him come out with the property under his arm—I and our foreman pursued him, and when he got about half way down the street he dropped the property in the road—I picked it up, and he was afterwards stopped in Billiter-street, by Collingwood.
JAMES COLLINGWOOD . I am a tinman, and live in Carpenter-street, Bethnal Green-road. I was at the corner of Billiter-street on the 8th of September, and heard a cry of "Stop thief"—I saw the prisoner running along in the middle of the road, with this piece of cloth and this coat under his arm—I saw him drop them, ran after, and stopped him—he was taken back to the shop, and the policeman called in.
JOHN RICHARDSON . I am a tailor, and live at No. 10, Billiter-street, in the parish of All Hallows, Staining—it is my dwelling-house. This cloth and coat are my property, and are worth upwards of 5l.—the coat is quite new, and is worth three guineas and a half, and the cloth 2l.—I was not at home at the time this occurred.
Prisoner's Defence. I was passing the shop: a gentleman stopped me, and asked if I would carry a few things for him to the railroad; I said I had no objection; he told me to stop a few minutes outside the shop door; I stopped a few minutes; he did not seem to be coming; I looked in at the shop window; he beckoned for me to come in, and I went in; he gave me these things to carry, and as I was going along I was stopped with them.
GUILTY . Aged 16.— Confined Six Months.
2331. JOSEPH ROGERS was indicted for stealing, on the 26th of August, 32 3/4 yards of woollen cloth, value 6l., the goods of John Cooper and others; and GEORGE BAILEY , for feloniously receiving the same, well knowing it to have been stolen; to which
ROGERS pleaded GUILTY . Aged 20.— Transported for Ten Years.
HENRY DAVIS . I am in the employ of Mr. John Cooper and others, warehousemen, in St. Paul's Church-yard. On the afternoon of the 26th of August I was in the warehouse, and noticed the prisoner Rogers come into the warehouse, and go out with a roll of cloth on his shoulder—I spoke to him, and he said he was going to take it to some cloth warehouse, I think he said Tucker's, but I am not sure—I let him go, as cloth goods are in the habit of going out in that way, to have work done on them—this is the cloth now produced—it belongs to my employers—I know it by its being a particular cloth, with grey list to it.
CHARLES JAMES HOGG . I am a buyer in the cloth department at the prosecutors'. I noticed some one come out of the warehouse with the cloth on his shoulder—in consequence of inquiries I made, I ran out, and found Bailey with it, in Gutter-lane, within two minutes and a half after the cloth had gone off the premises—he must have been very near the premises at the time the cloth was taken—I brought it back—he did not run away—I had seen the cloth on the premises two hours before.
WILLIAM HORSNELL . I am a policeman. T apprehended Rogers in Shoreditch on the 2nd of this month—I know both the prisoners—they are acquainted with each other—I had seen them together before the 2nd of September.
BAILEY— GUILTY . Aged 29.— Confined Six Months.
NEW COURT.—Tuesday, September 21st 1841.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 16.— Confined Four Months.
2334. JOHN ASHMAN was indicted for stealing, on the 11th of September, 10lbs. weight of horsehair, value 10s.; 1 pattern-case, value 1s.; 4 yards of damask, value 6s.; 2 yards of printed moreen, value 5s.; 3/4 of a yard of linen tick, value 1s.; 20 yards of gimp, value 7s.; 7 tassels, value 6s.; 3 yards of carpet, value 9s.; 119 yards of horsehair seating, value 15l.; 11 yards of canvas, value 5s.; and 6 yards of holland, value 4s.;—also, on the 27th of August, 1 1/4 lb. of horsehair, value 1s. 3d.; the goods of William Thurnell; to both of which he pleaded
GUILTY . Aged 58.— Transported for Seven Years.
2335. WILLIAM WHITLEY was indicted for stealing, on the 1st of September, 2 coats, value 4l.; 2 shifts, value 4s.; 2 night-gowns, value 3s.; 2 handkerchiefs, value 4s.; 1 boa, value 5s.; 1 pair of gloves, value 4d.; pair of drawers, value 6d.; and I shawl, value 3s.; the goods of James Portlock; to which he pleaded
GUILTY . Aged 36.— Confined Three Months.
GUILTY . Aged 20.— Confined Ten Days.
WILLIAM HARKNESS . I am a warehouseman, and live in Friday-street. About twelve o'clock at night, on Saturday, the 28th of August, I was passing the Post-office, and was accosted by the prisoner, who begged me to give her money to buy a glass of beer—she went alongside of me to the corner of St. Paul's Churchyard—I wanted to give her some coppers to get rid of her, but I had none—she followed on a little farther—I said, "It is no use to follow me farther, if I had coppers I would give them you"—she put up her hand, gave me a gentle tap on the breast, and said, "I think you would"—I went on a few paces, and missed my pin—I came back just as she was speaking to another girl—I detained her till the officer came—she said she had taken it, and given it to the other girl, who had thrown it on a lot of rubbish—she said, "If you go back to that place you will find it"—I went back, but could not find it—she looked, and could not find it—she then said if I would go home with her she would give me the pin—I said I should do no such thing, and gave her in charge—I never got it.
Cross-examined by MR. DOANE. Q. Was she quite sober? A. Yes, and so was I—I had walked with her into St. Paul's Churchyard—I did not get so far as Watling-street—she was first sitting on the stone steps opposite the Post-office—I made no proposition about her going to Friday—street—nothing was said about our going to Fleet-street—I had a few shillings and some gold—I never said I had only 6d.—I had been spending the evening with a friend at Islington—I walked from there—I was about two hundred yards from my house—I had not walked more than fifteen yards when I returned, and she was talking to the girl—I told her it was of little value, and advised her to give it up.
(The prisoner received a good character, and a witness engaged to employ her.)
GUILTY . Aged 26.— Confined Three Days.
MR. BODKIN conducted the Prosecution.
THOMAS CARTER . I am a farmer, living at Edgware—the prisoner was my carter for many years. On the 31st of August I sent him with a load of hay to Smithfield-market—it consisted of thirty-six trusses, and was loaded and packed in the usual manner—I had just before received an anonymous letter, in consequence of which I called at the station, and spoke to the police—in addition to the load, the prisoner was given a bottle
of hay for his horses—it is seldom weighed—it ought not to weigh more than 40lbs. —I believe it sometimes weighs 60lbs. —he had no authority to sell hay by the truss—he was to take this hay to Mr. Circuit's, a hay-salesman, to be sold as an entire load—I saw some hay in the possession of the officer—to the best of my belief that was mine.
Cross-examined by MR. PAYNE. Q. He had been fifteen or sixteen years in your employ? A. Yes—I had sometimes entrusted him to sell half a load of hay, but never to sell a quarter—I do not know Heath, of the Red Lion, at Paddington—I might know him if I saw him—I did not receive lately 1l. 2s. of the prisoner for hay sold at Paddington—he might have separated a quarter of a load from a single load he sold, but he accounted to me for the whole load—I did not see the cart loaded that morning—I do not know whether any additional trusses were put on it—he was not required to give the names of the persons he sold it to—I know the hay by the particular herbage—it comes from a field where a particular sort of grass grows, and that grass was put in the rick.
JOHN WOLF (police-constable S 20.) In consequence of information, I watched, on the 31st of August, in the neighbourhood of Paddington, for the prosecutor's cart—I saw it come towards London, driven by the prisoner—I followed to No. 3, North-street, Paddington—it stopped opposite that house—the prisoner took a truss from the top of the load, and put it on the rails in front of Mr. Udell's, a green-grocer—he passed on with his wagon—I stopped him—I said, "I want you about that hay"—he said, "I have sold that hay to Mr. Udell, for my master; I sometimes sell him a quarter of a load"—I took him into custody, and took the hay to the station—the hay was produced before the Magistrate, and shown to Mr. Carter—it was not weighed—it was a perfect truss—the load was all corded up except that truss—it was taken on to Smithfield, and sold as a load.
Cross-examined. Q. Did you speak to him before he stopped you at North-street? A. No—I first saw him in Edgeware-road, about a quarter-past six o'clock in the morning—the hay was left about twenty minutes past six—I was in the police dress—he could see me—the first time I saw him I passed close by the cart—I was about twelve yards from the prisoner when the truss was left at Mrs. Udell's.
SARAH UDELL . My husband is a green-grocer, in North-street, Paddington. On the 31st of August I was in bed when this hay was left—I know nothing about it—my husband was in the country—he left on the Sunday—he has bought a quarter of a load of hay of the prisoner, but not at that time.
(The prisoner received a good character.)
GUILTY . Aged 45.—Recommended to mercy.— Confined Six Months.
bottom of the stairs I met the prisoner with a bundle of tin plates, tied up—I asked what he was going to do—he said he was going over the way, meaning to the work-shop—I said, "Why have you the plates tied up in this way?"—he was very agitated—I took them from him—he went up stairs to the warehouse—I went up—he asked me to forgive him, and he would not do so any more—I asked what he was going to do with them—I he said he was going to sell them.
Cross-examined by MR. BODKIN. Q. You told him it would be better for him? A. I did not—he has carried things over to the work-shop—I do not know that he ever carried plates over.
COURT. Q. What did you say? A. I told him it would be better for him to tell the truth, but he had asked forgiveness, and said he would never do so any more, before that—he had no business with them at all—it was not his business to carry the plates there.
JURY to MR. PERKINS. Q. How is the stock generally kept? A. In boxes—we open them aid take them out when we want them—they are never packed up as these are—he had no right to fetch a plate out—a man might ask him to take a few plates over the way, but he had no right to take them.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined One Year.
MESSRS. ELLIS and BODKIN conducted, the Prosecution.
AMIEL SPENCER . I keep a beer-shop in the Minories. In the morning of the 23rd of August the prisoner came for half-a-pint of ale—he gave me sixpence, and I gave him change—he left—I put the sixpence in a cup on the counter by itself—about an hour after I received another sixpence from a customer—I then went to the cup, and found the sixpence I had taken of the prisoner, and it was bad—I then took it away and separated it from the other money—on the following morning the prisoner came again, rather later, with a woman—they asked for a pint of ale, which came to 2d.—the woman gave me sixpence—they both drank, and went out together—I put the sixpence away with the other one—I saw it was bad—on the 25th the prisoner came again, and asked for a pint or half-a-pint of ale—he gave me a shilling—I saw it was bad, and told him so—he said he did not know it—I said he had been there the day before with bad money—he said he had not—while I was talking, the policeman passed the door—I gave him into custody, and gave the bad money to the officer.
Prisoner. Q. What did you say to the policeman? A. That I could not recollect at the moment whether it was you or the woman gave it me.
MR. BODKIN. Q. When he offered the bad shilling, did you recollect him as the person who passed the sixpence? A. Yes—I had no doubt about his being the person who passed the first, and have no doubt about his being the person who came with the woman.
Prisoner. The prosecutor said he could not take his oath. Witness. No, he did not.
GUILTY . Aged 30.— Confined Six Months.
THOMAS GUNSTON. I am shopman to Daniel Gunston, a cheesemonger, in Goswell-street. At half-past one o'clock on Saturday, the 28th of August, I was at dinner—Mosely came into the shop with the two prisoners, and said, in their presence, that they had taken a piece of bacon—I believe this produced to be the bacon—it is my master's—I had put it in the window where they took it from—it was broken in the leg—I cut it out myself—I had seen it safe at twelve o'clock.
DANIEL MOSELY. I saw the prisoners in Goswell-street—Hill went to the shop, and took a piece of bacon from the inner shelf, he put it on some fowls, and went away then—in two or three minutes they both came back together—Chelsea then tried to put the bacon under her cloak, but by doing so she knocked down a duck—she then put the duck and bacon in the place where Hill had put it—they went away—I went to dinner, came out again, and saw Hill again go up to the window, and then the bacon had been put back again on the shelf—Hill removed it, and put it on the fowls —Chelsea took it, put it under her cloak, and walked a few yards—Hill was still at the shop, looking at other things—Chelsea turned back and went to her—I took them and the bacon into the shop.
Chelsea's Defence. I know nothing of Hill.
(Hill received a good character.)
HILL— GUILTY . Aged 30.
CHELSEA— GUILTY . Aged 56.
Confined Three Months.
2342. JOHN WILLIAMS was indicted for stealing, on the 7th of September, 9lbs. weight of lead-pipe, value 1s. 6d.;1 copper ball, value 2s.; and two ounces of copper, value 3d.; the goods of William Weller; and fixed to a certain building.—2nd COUNT, not stating it to be fixed.
SARAH LANE . I live at Mr. William Weller's house, in Bride-lane. About eight o'clock, on the 7th of September, I went down stairs to the closet-door in the kitchen, and could get no entrance—I heard the closet-door open after I had been there a second time—I went and met the prisoner on the stairs—I asked where he had been, he said, "To the water-closet—I asked who gave him leave to go there—he said he had been to "tailor Jones's" up stairs—I said there was no tailor Jones there—we had lost pipe before, and he was after more—he said, "Search me"—I said, "No, I will get a policeman"—I shut him up in the cellar, he could not get out—I fetched the policeman, who found this padlock on him—this pipe and ball belong to the cellar, it was gone from the place—they are the property of Mr. William Weller—the prisoner had this wig on.
Cross-examined by MR. CARTEEN. Q. How do you know Mr. Wellers's name is William? A. He always signs his receipts William—I have known him seven years—there are nine different families live in the house
—I saw these things safe at seven o'clock the evening before—this pipe was in the water-closet—this piece of copper was found in the prisoner's pocket—it belongs to the ball that laid the water on to the cistern—I and another person lived near the place.
EDWIN BURGESS (City police-constable, No. 329.) I have examined the premises—I found this small piece of copper on the prisoner—I compared it with this ball, and it fits exactly—the lead and this other piece was in the dust-hole in the cellar from where he was coming, and this wig was in his hat—there was no knife found on him—the pipe was broken off, and there are marks where he had been trying to break off some other.
Cross-examined. Q. In what way would this pipe stand? A. Coming down by the side of the water-closet, from the ceiling, it would be standing against the wall.
GUILTY .* Aged 19.— Transported for Seven Years.
WILLIAM BERRALL . I am a bootmaker, and live in Marylebone-lane. About nine o'clock in the evening of the 1st of September, I received information which induced me to go out—I missed a boot from the middle of the shop—I ran into an adjoining square—I could not meet with the person—I returned to my shop—the prisoner came and took another boot from the book—I said, "What do you want?"—I saw a boot behind him under his jacket—I took it from him, it was mine—I said, "You have taken my boot"—he said, "You have taken no boot from me"—my man took him to the station.
Prisoner. I was in liquor, I did not know what I was about.
GUILTY .* Aged 23.— Confined One Year.
(There was another indictment against the prisoner.)
2344. WILLIAM JONES was indicted for stealing, on the 31st of August, 1 bag, value 2s.; 1 handkerchief, value 1s.; 3 keys, value 6d.; 2 sixpences, and 2 halfpence; the property of Adelaide Wilson, from her person; to which he pleaded
GUILTY . Aged 19.— Transported for Ten Years.
2345. MARY ANN OLIVER was indicted for stealing, on the 11th of August, 1 ring, value 11s.; 1 pair of mitts, value 1s. 6d.; and 2 combs, value 6d.; the goods of William Nettleton Boyce: 6 printed-books, value 3s. 4d.; 1 pair of stockings, value 9d.; and 6 pairs of gloves, value 2s.; the goods of Caroline Catherine Walker: 1 purse, value 3d., and 1 ring, value 1d., the goods of Mary M'Kensie.
CAROLINE CATHERINE WALKER . My mother keeps the King's Head tavern in Pudding-lane; the prisoner was our barmaid. On the 2nd of August my mother lost her wedding ring—in going up stairs to make the beds I found the prisoner's keys under her pillow—I saw this ring and some silver in a purse in the prisoner's box—the ring is my sister's, Mrs. Boyce—I put the purse in again, and locked the box—my sister went for a Policeman, who found in her box some gloves, books, a pair of mittens, and a pair of stockings—the gloves, books, and mittens are mine—the other things are my sister's.
Cross-examined By MR. JONES. Q. How long had she been in your
mother's service? A. Three weeks—we received a good character with her—the house was undergoing repair, and there was a good deal of confusion—she slept in the same room with the two other servants, and my sister my mother, and myself—I had missed my gloves, but had no idea of her taking them—the box was locked—I opened it with her own key—there are no marks on the gloves, but I missed them from the drawer—there is no mark on the stockings—there are in the books, they were kept in the bar-parlour—the prisoner had assisted in moving them up stairs into the room in which she slept—she never asked me to lend her the books to read—I should not have objected to her reading them—nearly every thing in the bed-room was locked up—the ring had been missed and the servant discharged on that account—I had never said any thing to the prisoner about it.
LOUISA HARRIET BOYCE . I am wife of William Nettleton Boyce, and sister to Caroline Charlotte Walker. This gold ring is mine—I had lost it about a fortnight before the prisoner was taken—these black silk mils and tortoiseshell combs are mine—when I took the policeman up stairs, the prisoner said she found the things under the bed on the Saturday night, and she meant to surprise me on the Sunday, but it slipped her memory.
Cross-examined. Q. Was not what she said, "Oh, Mrs. Boyce, I forgot to mention that I found the purse and ring under the bed, and intended to give them up on Monday, but it slipped my memory?" A. Yes,—I took the ring off my finger because it cut me, and gave it to M'Kensie to take care of—she put it in her purse, and when she was going to bed she could not find it—the prisoner was there in bed—M'Kensie was discharged—I asked the prisoner if she had seen it—she said, "No"—when M'Kensie came for her character, my mother would not give it—the prisoner said, "Don't give her a character, she don't deserve it"—these are my mits—I did not hear my sister swear they were hers.
MARY M'KENSIE . I was discharged because of this ring—I received it, and left it and a purse containing half-a-crown in my mistress's bed-room—I asked my mistress if she took it to keep for me—she said, "No"—I asked the prisoner if she had seen it—she said, "No."
Cross-examined. Q. How soon did you miss the ring? A. The next morning—I left it on the table in the bed-room.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Three Months.
JOHN DARTON ABBOTT . I keep the White Lion public-house in High-street, St. Giles's. The prisoner was my barman—in consequence of something, I marked some shillings and sixpences on Friday, the 3rd of September—the shillings were only made use of—I gave three shillings to Mr. Hopkinson, and two shillings to Mr. Brown, to send for goods at a stated time of the day—I was out of the way for five minutes while they came—when I emptied the till I found only four shillings in it—I marked five—I sent for Mr. Hopkinson—I did not say any thing to the prisoner then—this shilling now produced is one of those I marked—I
called the prisoner into an inner-room and asked him if he had any money about him—he said, "Yes"—I said, "Allow me to see?"—he pulled out this marked shilling—Mr. Hopkins took the shilling and showed him the mark, and said it was no use his denying where he got it from, he had taken it from my till—he said, "I have taken it from the till."
JAMES HOPKINSON . I took three marked shillings with me to send for goods—I sent one of my porters for goods, and gave him the three marked shillings—when I was called to examine the shilling the prisoner took out of his pocket, it was one I sent by the porter.
GEORGE JOHN RESTIEAUX (police-constable E 43.) I received the prisoner and this marked shilling, which had been found before I went—as I was going to the Office, I cautioned the prisoner not to say any thing—he said, "He says I have robbed him of 5s., it is no such thing, it is 4s. 6d."—I said, "What a-day?"—he said, "No, 4s. 6d. altogether."
GUILTY . Aged 20.— Confined Six Months.
OLD COURT.—Wednesday, September 23rd, 1841.
Third Jury, before Mr. Sergeant Arabin.
HARRIET ELIZABETH JOBSON . I am servant to Mrs. Dickenson, of Gibson-square, Islington. On the 6th of September, about five o'clock in the afternoon, the prisoner, who was a stranger, knocked at the door, and asked me if mistress wanted a servant—I said, "Yes," and asked her into the parlour—while I went up to speak to mistress I heard her moving about in the parlour, I came down in two minutes, she was then just closing the street-door—she went away, and never called again—I missed Miss Harriet Dickenson's parasol from the parlour—that now produced is it I am certain.
Prisoner's Defence. I went there, she said her mistress was at dinner, and could not be seen for half-an-hour, and I did not wait; I never had the parasol.
GUILTY . Aged 45.— Confined Six Months.
2348. WILLIAM BOTTOMLEY was indicted for stealing, on the 7th of September, part of a lamp, value 10s., the goods of Abraham Abrahams; and that he had been before convicted of felony.—2nd COUNT, calling it 3lbs. weight of brass, and a lamp-tube, value 2s.; and that he had been before convicted of felony.
about six o'clock in the morning, I saw the prisoner about five yards from Mr. Abraham's premises, in the New-road, Pentonville—in consequence of suspicion, I asked what he was doing there—he said, "Nothing"—I asked if he had any thing about him—he said, "No"—I felt in his coat-pocket, and found two pieces of brass, and a tin tube—in his other coat-pocket five more portions of a lamp, and under his arm the bottom of the lamp—I knocked Mr. Abrahams up, and he found his shop broken open.
ABRAHAM ABRAHAMS . I keep a broker's-shop at Pentonville. The policeman brought the prisoner to me with these articles, which are mine—I saw them safe the day before, in the middle of the day, in my shop, which was locked up at night—I found the back-door broken open in the morning.
Prisoner. There was no lock on the door.
GUILTY . Aged 25.— Transported for Fourteen Years.
HENRY NICE . I am in the service of John Gray, of Mile-end-road. I know this bar of iron was safe about the 28th of August, on the back premises—the prisoner worked on the premises as a carpenter—this iron now produced was missed when my attention was drawn to it—I know it from having used it—it was a straight piece when it was taken, but it has since been bent in the middle.
Cross-examined by MR. PAYNE. Q. What do you know it by? A. This place here—it was missed about three weeks before the prisoner was taken.
FRANCIS COE . I live with my brother, a coach-smith. The prisoner came to the shop, and told me he wanted to have an iron made for a lathe, and was looking out for a piece of new iron—I said new would come to too much—he said he would look out at a stall for some old—he afterwards brought this bar, and told me how to bend it, which I did.
Cross-examined. Q. When did he bring it? A. Almost directly—it was to be made with a crank for a lathe—I knew him before, and believed him to be honest.
WILLIAM DAVISON DAY . I am a policeman. I took the prisoner on the 28th of August—I went into the back premises with this piece of iron in my hand, and asked if he knew any thing of it—he said he did not, but afterwards said he did, that he took it, and was sorry for it, and would pay any thing if Mr. Gray would look over it.
GUILTY .—Aged 29.—Recommended to mercy.— Confined One Month.
Fourth Jury, before Mr. Recorder.
GUILTY . Aged 42.— Confined Six Months.
GUILTY . Aged 18.— Confined One Month.
MR. CLARKSON conducted the Prosecution.
ENOCH JONES . I am a linen-draper, and live in Plummer's-row, City-road. The prisoner came into my service on the 9th of October, 1839, and left on the 5th of October, 1840—I have never employed him since—I did not send him, on the 21st of June, to Messrs. Cowper to obtain goods on my account, and never received the goods—I know nothing of them—I constantly deal with Messrs. Cowper.
Cross-examined by MR. CHARNOCK. Q. He was twelve months in your service? A. All but four days—I discharged him for improper conduct.
JAMES NORRIS . I am a warehouseman in the employ of Messrs. John and Frederick Cowper, St. Paul's Churchyard—I do not know of any other member of the firm. On the 21st of June, about half-past eight o'clock in the morning, I saw the prisoner in the warehouse—I had not known him in Mr. Jones's service myself—he said he wanted to look at some black-edged gros, which means gros-de-Naples—I showed him some—he selected two pieces, about two hundred yards, worth about 25l.—he then said he wanted to look at ribbons, and went up stairs—I asked him who the grog-de-Naples was for—he said, "For Enoch Jones, City-road"—he left, and said he would call again for them in ten minutes, as I had to measure them, which he did—I had then measured them—he asked if they were ready—I said, "Yes"—it was necessary for him to go below, where Dix, our entering clerk, sits, to have them entered—he went below with me, at my request, to Dix, who I heard ask him who they were for—he said, "Enoch Jones, City-road"—I left him with Dix.
Cross-examined. Q. Is not "John and Frederick Cowper, and Co.," written over your door? A. I am not certain—I have been two years there—I have seen another Mr. Nash—I believe he is the company—he buys Scotch goods—I did not make a memorandum of what the prisoner said—I recollect perfectly well that he said the silk was for Enoch Jones—I saw him shake hands with Wish at the counter—Wish asked him who he lived with now—he said, "With Enoch Jones"—that was the first time, he mentioned Enoch Jones—it was not that he had been in Jones's service, but that he was so; I swear that.
MR. CLARKSON. Q. Do you know any thing of Nash being a partner? A. No—I only know of John and Frederick Cowper as partners—I am sure Wish asked where he lived, and he said with Enoch Jones, City-road.
HENRY DIX . I am entering-clerk at Messrs. Cowpers'—the firm is John and Frederick Cowper, and Co., but the partners are John and Frederick. On the morning of the 21st of June the two pieces of gros-de-Naples were brought to me—I entered them—the lengths were one hundred and one yards each, and the amount 25l. 13s. 4d.—the prisoner came down with Norris—I did not ask who they were for, but Norris had sent down a paper with
them, stating that they were for Enoch Jones—I said to the clerk next to me, "Take down to Enoch Jones."
HENRY DIX re-examined. I tied up the goods, and delivered them to the prisoner, who went away with them—I was not acquainted with him; and as he was going up stairs I called him hack, and said I had not the name of the person taking the goods—he said, "George Jenkins."
Cross-examined. Q. What is written over the door? A. "John and Frederick Cowper, and Co."—I do not know whether Nash is a partner but believe not—Henry Todd used to be a partner, but he has left—I saw the dissolution stated in the newspaper nine or twelve months ago—Nash is employed as Scotch buyer—I never neared of his being a partner—I saw the prisoner leave, and am certain he took the goods—I know nothing of a letter being received from the prisoner from Dublin—I never heard of it.
MR. CLARKSON. Q. The dissolution was before the 21st of June? A. Yes—the words "and Co." have not been painted out—it is a very usual thing to trade under the name of a firm when there is no partner.
WILLIAM WISH . I was in the prosecutors' service at the time in question—I had been in the employ of Enoch Jones with the prisoner eighteen months ago. I was in the warehouse on the 21st of June, when the prisoner came—I was passing through the silk-room, and shook hands with him—I asked him where he was living—he said he was with Mr. Enoch Jones again, in the City-road—this was in Norris's hearing—I saw him select the goods.
Cross-examined. Q. How long have you known him? A. About two years—I knew he had left Jones, and I had not seen him since—my question was not why he did not go back to Jones, nor did he say he could go back if he thought fit, nor any thing of the sort.
WILLIAM SLOPER . I am clerk to Mr. Herbert Lloyd, of Cheapside, solicitor—Messrs. Cowper are clients of his, and have been so some time. The firm is John and Frederick Cowper—there is no other partner, I know, as I have had a great many legal matters to transact for them.
Cross-examined. Q. How long have you known the firm? A. Six or seven years—Mr. Todd, who had been a partner for four or five years, up to thirteen or fourteen months ago, went into business by himself—since that there has been no other partner—I have repeatedly prepared affidavits, in bankruptcy cases, that they are the only persons trading under that firm.
GUILTY .* Aged 27.— Transported for Seven Years.
(The prisoner had already undergone the sentence of transportation for a former conviction.)
NEW COURT.—Wednesday, September 22nd, 1841.
Fifth Jury, before Mr. Common Sergeant.
2353. CECILIA INMAN was indicted for stealing, on the 23rd of June, 7 table-cloths, value 3l. 14s.; 48 napkins, value 3l. 1s.; 2 rings, value 1l. 2s.; 1 gun and case, value 1l.; 4 sheets, value 10s. 6d.; 2l. d'orleys, value 4s.; 1 curtain, value 1s. 6d.; 1 bed-tick, value 1s.; and 1 reticule, value 2s.; the goods of Lucy Eliza Mackay: 3 yards of silk, value 5s.; and 1 fan, value 2s.; the goods of Emma Florentine Mackay: and 1 fan value 2s., the goods of Charlotte Mackay, in the dwelling-house of Lucy Eliza Mackay:—also, on the 19th of July, 2 wine-coolers, value 1l., the goods of Lucy Eliza Mackay; to all of which she pleaded
GUILTY . Aged 29.— Transported for Ten Years.
GUILTY . Aged 20.— Confined Six Months.
2355. WILLIAM JONES was indicted for stealing, on the 24th of July, 1 pair of trowsers, value 36s., and 1 pair of boots, value 10s.; the goods of William Ford, his master:—also, on the 6th of September, 1 axe, value 3s. 6d., and 1 plane, value 4s.; the goods of Henry Harrison; to both of which he pleaded
GUILTY . Aged 17.— Confined Nine Months.
GUILTY . Aged 36.— Confined Three Months.
2357. SARAH PUTTRELL was indicted for stealing, on the 1st of June, 1 bed, value 3l.; 1 bolster, value 2s.; 1 blanket, value 6s.; 2 sheets, value 5s. 6d.; 1 counterpane, value 6s.; 1 looking-glass and frame, value 2s.; and 1 bed-tick, value 5s.; the goods of John Thorpe; to which she pleaded
GUILTY . Aged 54.— Confined Tour Months.
JOHN KEMP . I am a tide-surveyor. About nine o'clock, on the night of the 15th of September, I was crossing Arthur-street—the prisoner followed me—I stumbled at the curb-stone, and dropped my umbrella—the prisoner came up, hustled me, and took out my leather purse, which contained two sovereigns—I felt her hand in my pocket, and said, "You have picked my pocket"—she said "No"—I took the purse out of her hand, and the sovereigns were gone out of it—she ran off down by the Monument—I am sure she is the person out of whose band I took the purse.
Cross-examined by MR. PHILLIPS. Q. Were you quite sober? A. Yes.
WILLIAM LEWIS (City police-constable. No. 566.) I met the prisoner running down Fish-street-hill—I heard a cry of "Stop thief"—I said, "Is all right?"—she said, "Yes"—she put her hand round my neck, and asked me to go and drink—shortly after the prosecutor came down Pudding-lane, crying "Stop thief"—he said, he had lost two sovereigns, and that was the woman who took them.
Cross-examined. Q. How many sovereigns had she? A. Two and a half in her pocket, and two in her hand, which I forced from her—the prosecutor brought the purse himself.
(The prisoner received a good character.)
GUILTY . Aged 29.— Confined Three Months.
WILLIAM HENRY GREEN . I am a silk-mercer, and live at Tonbridge-Wells. About one o'clock, on the 3rd of September, I was going up Fleet-street—I felt a twitch at my pocket, turned round, and collared the prisoner—I said, "You have robbed me"—he said he had not; but, on looking round, I saw my handkerchief, which was safe about five minutes before on the ground, close behind him—no one else could have taken it from my pocket.
Cross-examined by MR. PAYNE. Q. I believe the person behind whom you saw your handkerchief, got away? A. Yes—he was stopped in Fleet-street—he ran up and down among the carriages—there is a mark on the handkerchief.
Cross-examined. Q. What are you? A. An articled clerk—I do not know the prisoner—I stopped him—he said he had not taken the handkerchief—I said, "What is the use of your denying it, I saw you drop it."
JURY. Q. Did you lose sight of him from the time of his having the handkerchief and your taking him? A. I did not.
GUILTY . Aged 23.— Confined Four Months.
ABRAHAM MOORE . I am in the service of Mr. Jeremiah Chapman. I was working for Mr. James Chapman on the 26th of November—the prisoner came there, and said he had two rum-puncheons for sale, they were 15s. apiece—he went into the house for the money, but my master called me to go with him, and gave me a sovereign and four half-crowns—I went with the prisoner for them—when we got to a certain place, he said, "Here is the public-house; my father is cellar-man; give me the money, and I will let you have the puncheons"—I said, "No, if you show me them, if they are good, I will give you the money"—he said, "No, I want to borrow some money of my father, if you will give it me"—I said "No"—I bad a hole in my pocket, and had the money in my hand—he snatched it out of my hand, and ran away down a court, and was out of sight before I could cry out—I had to pay the money, and I have lost my place through it—my master thought I had done him out of the money—I mentioned the transaction to the police directly it was done—I have seen the prisoner once or twice since, in Farringdon-street, and before I could stop my truck he got off—I saw him with a sugar-hogshead—he left it, and ran off.
Cross-examined by MR. PHILLIPS. Q. He always cut away when you saw him? A. Yes—my master said he thought I swindled him out of it, till he had proof of it—I was with him five years—he has trusted me with thousands of pounds—there was no one present at this transaction—I never took any one else up for this—I did not know the prisoner before—he told my master he bought old casks—my master is not here—I swear he is the man.
JOSEPH JAMES HORSEY . I am a linendraper, living in Leadenhall-market—I was at Aldgate on the 13th of September, about a quarter to eight o'clock in the evening—hearing a scuffle, I turned round, saw the policeman on the ground, and the prisoner on him, struggling together close behind me—I missed my handkerchief directly, and saw it in the policeman's hand.
Prisoner. I was intoxicated. Witness. I believe he was not.
DANIEL PAMPLETT (City police-constable, No. 565.) About a quarter before eight o'clock I was on the opposite side of the way—I saw the prisoner go to the witness, put his hand in his pocket, and draw his handkerchief out—I caught it as he endeavoured to throw it behind him—a struggle ensued, and he being stronger than me got me down—I endeavoured to hold him with my arms and legs till Hall came up and took him—in going to the station he was very resolute, and in Fenchurch-street, where there was some hoarding, he endeavoured to throw me under the cab wheel.
Prisoner's Defence. I was coming home, the officer took me, and I tried to get away.
(The prisoner received a good character.)
GUILTY . Aged 24.— Confined Nine Months.
LIEUTENANT ALLAN GEORGE BOYLE , R.N. I live in Bridge-street, Westminster. About three o'clock in the afternoon of the 2nd of September I was looking in at a picture-shop at the comer of Southampton-street, Strand—I felt something, and put my hand in my pocket and missed my handkerchief—I reached out my left hand, caught the prisoner, opened his breast and found it—I took it and held him till the policeman came up.
Prisoner. I was standing at the corner of Southampton-street and picked the handkerchief off the ground; I stood about four minutes, and suddenly some person came up and caught hold of me, unbuttoned my jacket, and took the handkerchief. Witness. It was impossible it could have fallen on the ground; I felt a twitch at my pocket.
GUILTY . Aged 17.— Confined Three Months.
FRANCIS FENTON . I live in Little Peter-street, Westminster—the prisoner was my shop-boy. At half-past five o'clock on the 27th of August, I gave him half-a-crown to purchase waste paper in Chandos-street—he was to come back on the following morning—he never came back, and I never got the paper.
28th in Medway-street—he said he had spent the half-crown and was afraid to go back.
GUILTY . Aged 16.—Recommended to mercy.— Confined Four Days and Whipped.
2364. ELIZABETH FRY , and SARAH STUART were indicted for stealing, on the 3rd of September, 1 pair of trowsers, value 8s.; 5 towels, value 1s. 3d.; and 3 aprons, value 9d.; the goods of Henry Phillips.
DINAH PHILLIPS . I am the wife of Henry Phillips, of Steven-street, Tottenham-court-road. Between eight and nine o'clock on the 2nd of September I hung these things in the hack kitchen to dry—I saw then safe at ten at night, and missed them between eight and nine the next morning—these produced are them—I do not know either of the prisoners.
EDWARD FAULKNER . I am assistant to Mr. Wells, a pawnbroker, in Broad-street, St. Giles's. Fry came to pledge these trowsers about a quarter-past twelve o'clock on the 3rd of September—we had received a description of them, and stopped her with them—Stuart was waiting in the passage—I sent for a policeman and gave them both in charge—Fry said a woman over the way gave them to her—she did not say any thing about Stuart.
WILLIAM POCOCK (police-constable L 81.) I was on duty and took the prisoners into custody—on my road to the station Fry said she knew nothing of Stuart—after they were locked up I went to Fry's lodging in Bainbridge-street—I found a man named Fry, who was ill—I found these towels between the bed and sacking, and these aprons hanging on a line wet—the man was able to get out of bed and walk—he was brought to Bow-street and sent here, but the bill was thrown out—Fry said the trowsers were given her by a woman, who requested her to pledge them in a public-house near the pawnbroker's.
Fry's Defence. They were given me by Stuart; she had no where to go, and lodged with me a day or two; she said they belonged to a young man she knew.
NOT GUILTY .
AMELIA HOWE . I am the wife of James Howe. On the 1st of Septemher, between two and three o'clock, I was in the kitchen at my aunt's, in Little Ann-street, Seven-dials—I saw the prisoner in the water-closet, looking up and down the house—I went to the stairs and called my aunt down—as I was coming down I met the prisoner going out of the passage—I caught her and took these things out from her shawl—they had been on the line up stairs—I saw them safe at eleven.
GUILTY . Aged 40.— Confined Three Months.
2366. JOSHUA SABBERTON and GEORGE HOLLIS were indicted for stealing, on the 27th of August, 23 pieces of beech wood, value 13s.; 4 wooden rails, value 1s.; and 12 wooden stumps for bedsteads, value 6s.; the goods of Robert Lyon and another, their masters.
MR. PHILLIPS conducted the Prosecution.
ROBERT LYON . I am a cabinet-maker, and have one partner. Sabberton was in my employ for about a twelvemonth as foreman—Hollis was a bed—i stead-maker. On the 13th of August, I went to my manufactory in Fulwood's-rents, and missed several of these long pieces of wood—I went to Blackey, the turner, in Baldwin's-gardens, and saw some beech, which is ours—I have two thousand feet bearing the same mark with the branding-iron, it is the initials of the timber-merchant—on the 27th of August I received a communication from Mr. Blackey—in consequence of which I went to his house in Baldwin's-gardens—I waited some time, and saw a carter named Hedge remove the timber in a cart—I followed it—it was taken to Dalston, to Hollis's father's house—seeing where it was deposited, I went to the station-house—an officer came and took possession of it—I went back to my workshop and gave the prisoners in charge—Hedge went with me—when he got to my work-shop and saw the prisoners, he said, "There are the two men that employed me"—they said they had done nothing wrong—this letter is in Sabberton's handwriting I am positive—he made bills out on Saturdays—the letter was delivered to me by a woman—(read)—" Sir,—With trembling hand I write these few lines, imploring your forgiveness, not for the sake of myself, but for my poor wife and child. I own I am guilty of a part of the offence for which I am charged. The cause of me and Hollis taking what we did, was, when the beech was got in I came and asked you to let us have some refreshment; yon refused, and there being some over the number, in an evil moment I and Hollis took some of them, but my brother and Mr. Hollis knows no more about it than a child unborn. I have no more to say; but on my knees, let me pray that you will forgive us for the sake of my wife, for she is in the family way, and entirely dependent on me for support, and we will make every recompence in our power.—SABBERTON and HOLLIS."
Cross-examined by MR. BODKIN. Q. This mark appears on all the wood they sell? A. I suppose so—Blackey was a turner employed by me—these short pieces might have been sent to him to turn, not the long pieces—Hollis had been in my service six months.
Cross-examined by MR. CHARNOCK. Q. Other pieces of timber like these would be marked in a similar way? A. Yes, there is no custom when the timber is unloaded of giving the men beer—there were thirty feet of timber in excess on the wood, but it was allowed by the merchant, as the pieces ran rather short—I was applied to for beer and refused.
WILLIAM BLACKEY . I am a turner, and work for the prosecutors; I live in Baldwin's-gardens; Sabberton has always been in the habit of giving out work to me as foreman. On the 19th of July I sent my boy—he came with twelve sets of quarterings to my house—in the afternoon the two prisoners brought some pieces with them, and they said part of the pieces the boy brought belonged to them, and not to Mr. Lyon—they both told me they belonged to them, and that they were to be turned into stumps as soon as possible—Sabberton told me I was not to mention it to George Lyon, or any other person in the shop, that the wood was in ny possession—on the 27th of August the two prisoners came—Sabberton selected some of the timber and put it on one side, and Hollis put some on the other side—Sabberton marked his with a saw, and told me to put it down in the kitchen—Hollis paid me 5s. for the stumps I had turned—he was, to Pay me 6s. for the three sets—he said a man was to come for them, and he did.
Cross-examined by MR. BODKIN. Q. You were constantly in the habit of seeing Mr. Lyon? A. I generally saw him every Saturday evening—I had some doubts about this—I did not tell Mr. Lyon till he came—I have carried on business there three years.
HENRY TAINSH . Hollis said he wanted a cart to take some wood to Dalston—the two prisoners went with me to Blackey's house—they showed me the wood I was to take—I did as I was told—Blackey delivered this wood to me.
Cross-examined by MR. CHARNOCK. Q. Did you know Sabberton before? A. Never.
JAMES BRAN NAN (police-constable N 69.) I was present when Play-ford took possession of this wood in Woodland's-street, Dalston—I then went with the prosecutor to Fulwood's-rents, and was shown a quantity of wood—the prisoners were given into custody—they said they knew nothing of the transaction—Hollis's father and Sabberton's brother were taken on this charge—I was present, and Hollis was present when Sabberton said, on the following morning, Mr. Hollis nor his brother knew nothing of it, it was George Hollis—I do not know whether George Hollis heard it—he was near enough to hear it, and made no remark.
WILLIAM SADDLER (police-constable N 363.) I was at the Kingsland station—a man brought the two prisoners some breakfast—Sabberton asked me for a sheet of paper—I saw him write this letter—I saw it handed to the man who brought the breakfast.
(The prisoners received a good character.)
SABBERTON— GUILTY . Aged 28.
HOLLIS— GUILTY . Aged 18.
Recommended to mercy. Confined Four Month.
THOMAS STEAD . I lodge at the George and Dragon public-house in Vine-street, Westminster. The prisoner came to lodge there on Monday night, the 30th of August—I put my clothes on a chair by the side of my bed—I saw them safe in the evening—the following morning I missed a shirt and a pair of stockings—I met the prisoner on the Thursday following, and gave him in charge—I saw the shirt and stockings, on his feet at the station—I did not know him before.
GUILTY . Aged 30.—Recommended to mercy.— Confined Three Months.
MR. BODKIN conducted the Prosecution.
the prisoner came to my shop—I knew him when he was living in Bond-street as a hosier—he said he had received an order from Lord Stratford for some shirts, and I was to send two pieces of linen to Lord Stratford's, 6, Portman-square, for his inspection—I wrote the name in his presence—he said it was right—the linen was to be sent at six o'clock that evening—on leaving the shop, he said if I would not send it up he would go somewhere else and have it sent, for his lordship had got him a situation under government, in Somerset House, and he wished to oblige him—he said the shirts were to be about 25s. each—about fifty yards were sent, worth about 3s. a yard—I thought it necessary to send two papers with it—here is the duplicate of one that was left—it was sent with my young man—(read)—"Pleas to let the bearer, William Halls, have the parcel left at Lord Strafford's, for Ablett and Wheeler"—I gave my young man instructions how to act with this—the linen was for inspection.
Cross-examined by MR. JONES. Q. Have you ever said before that the linen was sent for inspection? A. Yes, the prisoner' said so—I had no transactions with him recently, not since he left Bond-street—I made an agreement with him, that if the linen suited the nobleman I was to allow him ten per cent.—I did not know he had a customer in Lord Strangford, when he was in Bond-street—he did not give me the name of Lord Strangford—it was Stratford—I wrote it down and read it over to him—I swear he did not say Lord Strafford or Stafford—I parted with the goods in consequence of his statement—I sent them to No. 6, which is Lord Strafford's, in consequence of his statement—I have not applied to Lord Strangford on this subject.
MR. BODKIN. Q. Did yon intend to part with them to any one, or merely send them to be inspected? A. Merely to be inspected by Lord Stratford.
WILLIAM HALLS . I am in the prosecutor's employ. I received directions from Mr. Ablett to take a parcel to Portman-square—it contained two pieces of linen—a copy of this paper was left with it—I gave it to the footman at No. 6, Portman-square—I gave him the paper, and said, if I called I should produce a duplicate of this paper; if any one else called they were to be given into custody.
THOMAS WATERHOUSE . I am butler to Lord Strafford, of No. 6, Portman-square. I believe Lord Strangford does not live in that square—I remember Halls bringing a parcel and paper—I put it in my master's room—about ten o'clock the next morning the prisoner called, and said, he called for a parcel left in mistake, which ought to have been sent to Lord Strangford's—knowing a policeman had been spoken to, and was outside, I gave the prisoner the parcel, and he left.
JOHN PHILLIPS (police-constable D 132.) I was stationed in the neighbourhood of Lord Strafford's house—I saw the prisoner come out with a parcel in his hand-—I stopped him, and asked him what he was going to do with it—he said, "To take it to Ablett and Wheeler's, Regent-street"—I took him back to his lordship's house, and found sixteen duplicates on him.
Cross-examined. Q. I believe he had scarcely got from the house? A. Just off the steps.
Cross-examined. Q. Is there a nobleman of the name of Stafford? A. No, I am certain there is not—I know a Lord Strangford, who lives in Harley-street.
GUILTY . Aged 26.—Recommended to mercy by the Jury.— Confined One Year.
2369. MARY SULLIVAN and MARY COLEMAN were indicted for stealing, on the 10th of September, 1 tablet, value 5s.; 1 pencil-case, value 6d.; 3 half-crowns, 1 sixpence, and 3 pence, the property of John Tuck, from his person.
JOHN TUCK . I am a plumber, living in Cornwall-street, St. George's-in-the-East. I left home with 5l. 1s. 6d. in my pocket, on the 10th of September—I am sure I had that—I paid some bills (I had 2l. 4s. 3d. taken from me at the station) I missed three half-crowns, one sixpence, and 3d., a pencil-case, and ivory tablet—they were all in the same waist-coat pocket when I left Walworth at ten o'clock at night—I was going to Cornwall-street, St. George's-in-the-East—in going along, the prisoners stopped me, and asked me to treat them with some gin—on my refusing, they stopped me from proceeding—one held me by the back, and the other rifled my pocket—I cannot tell which—the policeman saw them do it—I was not exactly sober—I walked back to the station-house—I am able to swear I lost the money, and pencil-case, and tablet in the way stated.
Sullivan. Q. Did you not say you had lost no money? A. No—I wanted to go home, but you would not let me.
RICHARD PINCHES (City police-constable, No. 512.) At half-past eleven o'clock I was on duty in Sparrow-corner, and saw the two prisoners pulling the prosecutor about—he appeared to be drunk—Coleman had her arms round his neck, and Sullivan had her hand in his right waistcoat pocket—I waited till she took her hand out—I asked what she had got—she showed me her left hand, which had not been in his pocket—I caught her right hand, which had been in his pocket, and found three half-crowns, a sixpence, and three pence—I took them—the prosecutor wished to go home—I said, "I saw you robbed, and I wish you to come"—as I was going along I met the sergeant, and gave the prisoners to him, while I went after the prosecutor—ingoing back, the prisoners wished me to take what part of the money I liked, and let them go—I saw Coleman go to a window-cill, and lay down this ivory tablet.
Coleman's Defence. I know nothing about the tablet.
SULLIVAN— GUILTY . Aged 20.
COLEMAN— GUILTY . Aged 22.)
Confined Three Months.
HENRY BRADLEY . I keep a shoe-shop in Old-street-road. About one o'clock on the 24th of August Black came to the shop—I heard something, and went to the door, and missed a bundle of three pairs of shoes—I ran across the road, and down a court opposite—I saw the prisoners some distance down—I called out, "Stop thief"—I ran and caught them both—they were running when I first saw them—I asked what they had done with the shoes—they denied having them—in coming back, one of
the witnesses picked them up in the kennel, under a counter which was for sale, near a broker's shop.
Cross-examined by MR. PAYNE. A. Were they hanging outside the door? A. No, they were inside the post—a person could get them without coining in.
JOSEPH BLACK . I am pot-boy at the Brunswick Arms public-house. I was in Old-street-road, and saw Goodwin go to the door, take the shoes off the nail, and give them to Winford, who put them in his jacket, and buttoned them up—they crossed the road, and ran down a dark court—I told the prosecutor—we went, saw them running, and called to them to stop—the prosecutor went up to them, and charged them with stealing the shoes—Goodwin was going to run, and Winford said, "Don't run, you fool."
Cross-examined. Q. Were you acquainted with Goodwin? A. Yes, I knew them both—I have worked at the same factory as Goodwin—this is I the first time I ever said Winford said, "Don't run, you fool."
Cross-examined. Q. Are you quite sure you saw this? A. Yea—I could not see them throw away the shoes, because we were running down Bath-court after them.
Goodwin's Defence. The prosecutor came and asked me if I had stolen the shoes; I said, "No." Trott came up, and said, "Those are the boys." I know nothing of the shoes.
(William Haywood, paperstainer, of Nichol-street, Shoreditch, and Thomas Winfield, gave Winford a good character.)
WINFORD*— GUILTY . Aged 14.
GOODWIN*— GUILTY . Aged 14.
Transported for Seven Years. Convict ship.
PHILLIS KERSLAKE . I am the wife of Mark Kerslake, a boot and shoemaker, in the Strand. About three o'clock in the afternoon of the 2nd of September, the prisoners came into my shop, and asked me to show them some leather shoes—I fitted Jones with a pair—she asked the price; I said 3s. 6d.—she offered 2s. 6d.—I said I could not sell them for that, but I would get her a pair for that—I went to the window and got them, and fitted her with a pair at 2s. 6d.—she said she would give me 2s.—I said she should have them—Jones applied to Smith for money, but she had none—I said, "It appears to me you did not come to buy, but to steal"—I went round the counter, and saw something under Smith's shawl—I asked what she had got—she said, a pair of shoes she had bought at another shop, and a new pair on her feet—I called my husband, who sent for an officer, he took these boots from under Smith's arm—they are my husband's.
SMITH*— GUILTY . Aged 18.— Confined Nine Months.
JONES— GUILTY . Aged 18.— Confined Three Months.
2372. ANN CAMPBELL was indicted for stealing, on the 31st of August, 1 frock, value 1s.; 1 petticoat, value 1s.; 1 handkerchief, value 1s.; and 1 pinafore, value 1s.; the goods of Alexander Sarty, from the person of Henry Sarty.
ALEXANDER SARTY . I am a clothes-salesman, and live in Monmouth-street. My son Henry is turned four years old—I saw these clothes safe on the child about half-past one o'clock, on the 31st of August—I went into Evans's shop, and found the child being dressed in the clothes produced—they are mine.
ROBERT EVANS . From what my wife told me, at half-past twelve o'clock on the 31st of August, I went to the door, and saw the child naked—my wife pointed out the prisoner as the person who dropped the cloths—I went and took her into a passage.
SARAH EVANS . I am the wife of Robert Evans. I was standing at the door, and saw the prisoner had stripped the child in a water-closet—I saw the witness take the clothes partly from her lap, and the others she dropped—I called my husband—he took her, and kept her till we gave her into custody.
Prisoner's Defence. I was coming down the street; there were two women; one of them dropped the bundle; I called her to take the things. Connor came and accused me of taking them. When I came back the child was dressed in its things. I did not know whose they were.
GUILTY . Aged 26.— Confined Six Months.
MALACHI DOWLING . I am a chair-maker, and live in New Montague-street, Spitalfields. The prisoner has worked for me. On the 30th of July, he said a private customer wanted a set of chairs—I trusted the prisoner with one—he returned, and said the person wanted to see the arm-chairs—I let him take one—he came back, and said he had sold the set for five guineas, and wanted to know when they would be ready—I told him—he came at the time appointed to take them—he said he would take them himself—I said I would not trust him with them—he went away with the understanding to bring back my two chairs—I saw no more of him till I took him.
CHARLES HINCKS . The prisoner called on me on Friday with pattern chairs, and asked 5l. for the set—I said our price was four guineas—he only left one chair for a pattern—I saw no more of him till he was in custody.
PATRICK DOWLING . I work at the prosecutor's. The prisoner came, and said he was to have the chairs—I went with him, and carried part of the chairs to Mr. Hincks's—he carried them up to the far end of the shop—as I put the seats in he came to me, and said the gentleman was not at home, we were to call in ten minutes—he went six times, and said the gentleman was not in—the sixth time, he said the man told him it would be better to call on Monday morning—I said, "You had better come home with me;" and as we were coming he said, "I suppose master won't be against lending me a few shillings till Monday"—I said, "I don't think he
will"—when we got to the door, he said he had got to go to Mr. Goodrich for 2s.—he went away, and I saw no more of him.
JAMES REYNOLDS . On Friday the prisoner brought one chair, and the next morning brought an elbow-chair—he then bought the remainder of the set—my master told me to pay for them, which I did—I gave him four guineas, which was the price agreed on—on Monday Mr. Dowling came.
Prisoner. I was badly off for work. There was not a bit of bread in the house; my wife was very poorly, and very near her confinement, so I broke into the money, thinking to make it up.
GUILTY . Aged 30.— Confined Four Months.
THOMAS OWEN . I am a carver, and manufacture chairs. In July last the prisoner was working for me at home—he took two chairs to Mr. Goodrich for me, and took the bill in the evening—his balance was 1l. 15s.—if he received the money, or part of it, he ought to have brought it back—he came the next week, and said Mr. Goodrich wanted me to make one chair for him, which, if I made, he would pay me, and when I sent it to him he brought me 6s. for it—I was to have the remainder on Saturday night—he came on Saturday night, and said he had been to Mr. Goodrich, and he would pay me at ten o'clock on Monday morning.
Prisoner. He sent for me, and said he wanted me, he had two sets of chairs for me to sell; I asked what he wanted, he said 5l. 4s.—I took the pattern out, and was four days selling them—I sold them for 5l. 3s.—he gave me 4s. for my trouble; he then said, "I have got four sets for sale." he wanted 3l. 10s. the set; he said if I got 14l. he would give me a sovereign for them. I went out for five days; I showed Mr. Goodrich the pattern chairs; he showed me a lot of wood, and said if the party would take part in goods he would give me 14l. 12s. Mr. Owen went with me, looked out the wood, and took it; he said, "That man is a stranger to me, I should like you to bring me the chairs." There was 3l. 15s. left, and I said, "I will see you have the elbow-chair." I took in the chair, and Mr. Goodrich paid me a sovereign, and that I kept, according to the agreement. Witness. He said Mr. Goodrich would buy two sets if I would take part in wood—there was no balance due whatever—I paid him—he was satisfied—he had no right to stop the sovereign—he had 3s. 6d. of me that night for the work he had done.
GUILTY . Aged 22.— Confined Three Days.
Sixth Jury, before Mr. Sergeant Arabin.
GUILTY . Aged 16.—Recommended to mercy.— Transported for Seven Years.—Recommended to be Confined Nine Months in the Penitentiary.
2377. GEORGE WERNHAM was indicted for stealing, on the 10th of September, 1 coat, value 2l. 15s.;1 pair of trowsers, value 1l. 10s.; 1 waistcoat, value 3s.; 1 shirt, value 5s.; 3 handkerchiefs, value 9s.; 1 pair of stockings, value 1s.; and 1 pen-knife, value 1s.; the goods of Benjamin Hamp; to which he pleaded
GUILTY . Aged 22.— Confined Six Months.
FREDERICK KENYON . I am a linen-draper. Between three and four o'clock, on the 8th of September, I was in St. Martin's-court—the witness asked if I had lost any thing—I felt in my pocket, and missed my handkerchief—he told me the prisoner was gone on into St. Martin's-lane—I went and took him by the collar, and saw it in his left-hand pocket—this now produced is it.
HENRY NORTON . I saw the prisoner take the handkerchief out of the prosecutor's pocket, and put it into his own—he turned round, looked into a shop window, let the prosecutor go on, and then he went on.
Prisoner's Defence. I had no work; I came down St. Martin's-court; I saw the handkerchief lying down, took it up, put it into my pocket, and walked to the bottom of the court; the gentleman caught hold of me, asked me for it, and before I had time to take it out, he took it out.
GUILTY .* Aged 21.— Transported for Ten Years.
WILLIAM MILLER SCOTCHMORE . I am a clerk. I was in Palace-yard on the 30th of August, about five o'clock—I felt my handkerchief abstracted from my pocket—I had a pocket-book in the same pocket—I felt it going—I turned, and saw the prisoner give the handkerchief to a female, who had hold of his arm—she put it under her shawl—they walked a little way—I went to them, and said, "You have taken my handkerchief, and this female has got it"—they said they had not—I called a policeman I—the female gave me the handkerchief—I gave them into custody.
Cross-examined by MR. DOANE. Q. What were you doing then? A. I was merely standing, seeing the Peers going down—I had my hand in my pocket just before, and as the Duke of Wellington passed, I took my hand out to cheer him—I could not have dropped it.
JOHN RORKE . I am porter to the House of Commons. I was in Palace-yard, and saw the prosecutor speak to the prisoner—I turned and saw the handkerchief in the prisoner's hand—I saw him hand it to the female.
GUILTY . Aged 21.— Confined Six Months.
WILLIAM BROWN . I am a master-mariner. I came to town on the 3rd of September—I had a purse, containing four sovereigns, and a 5l. note, in my trowsers pocket—I went into a house, and laid down on the bed—a
policeman awoke me, and my purse was gone—I did not see the prisoner that night—I was drunk—I know the purse—I do not know the money—it was secure between eleven and twelve o'clock at night—I next saw the purse about one o'clock the next morning—the policeman showed it me—this now produced is it—the money and note were still in it.
JANE BROWN . On Friday, the 3rd of September, I was in Ratcliff-high-way, about twelve o'clock, along with another girl—we met the prisoner—she asked us to have a drop of gin—we said we did not mind—she went into the Bull's Head public-house, and called for a quartern and a half of gin—she laid down one shilling, and got 6d. change from the landlord—she came in again, and called for half a pint of gin, and laid down another shilling—she went to another part of the counter—I heard her talk to the landlady about changing something—I ran down to the landlady of the house where she lived, and asked if the new young girl had any money, or had a friend in bed—she said she had a friend in bed—the landlady came, and the prisoner was gone from the Bull's Head—the lady said she had been there to change a note—we ran from there till we found her, in a public-house, and gave her in charge.
REBECCA WILMOTT . My husband keeps the Bull's Head public-house. The prisoner and two other girls came to the house—they drank at the bar—the prisoner asked me to take care of a little money till the morning—I asked what it was—she said, "Four sovereigns"—on examining the purse I found four sovereigns and a 5l. note—she was not conscious of the note being there till I told her—as soon as I named the 5l. note she snatched the purse from me—she after that came and asked me to change the note, which I declined.
THOMAS ARNOLD . I am a policeman. I Was on duty in the high-way, about twelve o'clock, on the 3rd of September—I heard a call for police—I went up, and saw Brown, and another woman holding the prisoner—they said she had robbed some sailor of a 5l. note, and chucked the parse into the road—I turned on my light, found the purse, and took the prisoner to the station—I then went to Elbow-lane, Shadwell, and found the prosecutor asleep on the bed, with his trowsers on.
GEORGE WILLIAM GRAVE (police-sergeant K 11.) I was at the station when the prisoner was brought—she accused another woman, named Breeson—she said, "You persuaded me to rob the man"—Breeson said, "No, I know nothing about it, but the half-sovereign you brought down; I told you if you wanted to rob the man to keep in your room."
Prisoner's Defence. I took the gentleman home; he gave me no money; the landlady told me to search his pockets, and see what I could find; I found a half-sovereign, which I gave the landlady; she said, "Take that, and plant it under the bed; take his watch, and plant that too;" I said I would have nothing to do with that; I saw his purse and took it; I did not know what was in it, I thought it was four shillings; these girls then came and wanted me to get some things with it; I said no, I would give it to the man in the morning; they then called the police.
GUILTY of Stealing, but not from the person. Aged 25.— Transported for Seven Years.
FRANCIS CRUTTENDEN . I am a policeman—I live at Fulham—it is my beat. I lost these spoons from my own house, on Parson's-green—the prisoner's father lodged in my house, and the prisoner was living with Mr. Bain, at Knightsbridge, a harness-maker—he came home to his father's, at my house, and I missed these spoons from my sitting-room, in a little drawer.
SARAH HALLS . I am the prisoner's sister. I found the duplicates of these in the prisoner's pocket—he had taken two books of mine, and I went to take them from his pocket—I gave the duplicates to my father.
Prisoner. I never saw the spoons, and did not pawn them.
GUILTY . Aged 15.— Confined Six Months.
2382. MARY TIERNEY was indicted for stealing, on the 3rd of September, 4lbs. weight of bread, value 6d.; 21bs. weight of beef, value 1s. 6d.; 4 tarts, value 1s. 6d.; 11b. weight of pudding, value 4d.; 8 apricots, value 1s.; 9 apples, value 3d.; 3 pears, value 2d.; 12 plums, value 3d.; 1/2 lb. weight of grapes, value 3d.; and 1 plate, value 1d.; the goods of George Moore, her master: and MARY ANN SAYER , for feloniously receiving the same, well knowing it to have been stolen.
JOHN MORRIS . I am a policeman. On the 3rd of September I met Sayer in the Edgeware-road, at half-past twelve o'clock in the morning, carrying the articles stated in a bundle—my attention was attracted—I asked where she got it—she said, "From Kilburn"—I asked her to come back till I saw who she got it from—she said she would not—I took her to the station—my brother constable found out the owner at last.
Cross-examined by MR. PHILLIPS. Q. What were the articles? A. Two pieces of pudding, and two pieces of beef—there was about two pounds—I do not think I eat it—I do not consider I eat it—the broken victuals was divided between me and my brother officer—I eat what was fit for eating, and eat the pudding—I do not think I eat the beef—it was brought to the Court—when it went out I took it to the gentleman—he told us to take it away—we divided the apples.
COURT. Q. You found Mr. Moore was the owner of the property? A. Yes—he said we might do what we liked with it.
EDWARD KELL . I am a policeman. I was on duty in the Edgeware-road—I saw Morris with Sayer in custody—I saw her drop a bottle—she was asked where she got the things contained in the bundle—she said she got them from Kilburn—she was asked what house—she would not tell me—she said she would sooner suffer—I found Mr. Moore's—he gave Tierney into custody for stealing—she was his cook—he said, "Do what you like with the meat"—I did not eat any.
Cross-examined. Q. Did your brother officer eat it at all? A. I did not see him eat any—I threw the rest of the meat to the dog, and the bread to the fowls—I took two apples, and part of the grapes.
NOT GUILTY .
2383. JOHN ROUND was indicted for stealing, on the 3rd of September, 1 bottle, value 3d.; 1 quart of wine, value 4s.; and part of a melon, value 1s.; the goods of George Moore, his master: and MARY ANN SAYER , for feloniously receiving the same, well knowing it to have been stolen.
GEORGE MOORE . I gave a party on the 3rd of September—Round was my butler, and had the care of my wine—the officer showed me a bottle of wine—I could not miss it out of my stock; but in consequence of what I heard from the officer, I spoke to Round, and he said he had given a bottle of wine away to a female—he might have mentioned the name, but I did not know her—he said she was an acquaintance of his, and some person passing in a cart told him she was taken into custody—he said he had taken a bottle of my wine, and given it to her, at the house—that was without my consent.
Cross-examined by MR. PHILLIPS. Q. He told you this himself? A. Yes—he said the woman was a sweetheart—he had been two year with me, and was a good servant—I do not know that Sayer had come there to get some shirts—at the station the inspector asked Round if this was the wine he had taken—he said it was.
EDWARD KELL . I am a policeman. Sayer dropped this bottle of wine out of her bundle in going to the station—I spoke to Round about it—he said he gave it to her, and part of a melon—the wine has not been uncorked—the seal is on it now—I took it to Mr. Moore, and he compared it with that in his cellar.
MR. MOORE. The wine in my cellar has the same description of seal as this—I would not swear to this, but my belief is that it is my wine.
ROUND— GUILTY of Stealing the Bottle only. Aged 22.— Confined Six Weeks.
SAYER— NOT GUILTY .
HENRY KIRKHAM . I am a cab-man, and live in Ship-yard. On the 18th of May I was in the Grapes public-house, in Newcastle-court, and saw the prisoner—he asked me to go on an errand for him to a cook-shop—I went, and when I had been there about two minutes he brought out a large cheese—I was to take it to Mr. Brown, at the watering-house, and put it by till the morning—I did so—the officer took me.
Cross-examined by MR. PHILLIPS. Q. I believe Mr. Brown pitched it out into the court? A. Yes—I went and took it up again—after I was taken I told about the prisoner—I have been taken up three times—I was quite innocent every time—I was not afraid of going to Tothill-fields again when the cheese was found—I was innocent.
THOMAS GARDINER . I am messenger and porter, in the parish of St. Clement Danes. On the 18th of May I was in the tap-room of the Grapes, in Newcastle-court—I heard the prisoner call Kirkham out—they went away, and returned with a cheese, which I believe Kirkham carried—the prisoner offered it for sale to some men standing there, and I went and told Mr. Brown, my master, of it—he told me to bring it to him, and he chucked it into the court.
Cross-examined. Q. Is your master here? A. No—the cheese was
placed on the tap-room table—there were two or three cab-men sitting there—I never swore that it was offered to only one cab-man.
Q. Did you ever swear the prisoner asked a cab-man, who was sitting there, if he would buy the cheese? A. I would not swear that I did not—there was a cab-man would have bought it for 6s.—I sell newspapers on Saturday night—I have been down for bail, for a bit of a row—five years ago I was committed here, but the bill was thrown out—I did not tell the policeman about this till the 29th of August—I had not been in company with the prisoner in the interval, but I had met him once or twice, or more.
THOMAS WHITEHEAD . I am a policeman. I saw a cheese in possession of Kirkham, on the 28th of May—Mr. Brown charged him with having it, and not giving a good account of it—he was taken—I took the prisoner on the 29th of August—he said he knew nothing about it.
NOT GUILTY .
WILLIAM DENT . I am a butcher, and live in Blackman-street, Clare-market. On Saturday night, the 11th of September, about eight o'clock in the evening, I saw the prisoner standing close by my shop—another boy took a shoulder of mutton off the hook, and the prisoner received it—the other boy got off—the prisoner ran down Blackman-street—I pursued and took him—he dropped the mutton—I made him take it up again, and bring it back to my shop.
Prisoner's Defence. I was in a mob; a young man turned round and threw the mutton right in my breast; I stood looking at it, and the man came and took me.
GUILTY . Aged 16.— Confined Six Months.
SAMUEL BREWBR . I am a clerk in the East India House. I was in Gracechurch-street on Saturday evening, the 4th of September—I felt my handkerchief taken from my pocket—I turned, and found it lying on the ground—the prisoner was near me, but I did not see it in his possession—this now produced is it.
JOSEPH FOSTER . I saw the prisoner and another following a gentleman, as I thought, to pick his pocket—they missed him—they then saw Mr. Brewer, and one of them (I could not see which) was in the act of picking his pocket—I crossed over, and the prisoner dropped the handkerchief from his jacket—he ran—I pursued and caught him.
Prisoner's Defence. A boy picked the prosecutor's pocket; the prosecutor
turned round, and the boy threw the handkerchief down; the witness took me, and said I was the person.
GUILTY .* Aged 13.— Transported for Ten Years—Convict Ship.
Prisoner's Defence. I had been out selling some things, and I bought the boots of a young man who lives in Chelsea; I gave him 2s. for them.
GUILTY . Aged 44.— Confined One Month.
OLD COURT.—Thursday, 24th September, 1841.
Second Jury, before Mr. Sergeant Arabin.
2388. WILLIAM SMITH was indicted for burglariously breaking and entering the shop of James Catling and another, on the 25th of August, at St. John, at Hackney, and stealing therein 5 planes, value 15s.; 1 plough, value 7s.; 3 plough-irons, value 3s.; I stock,—value 3s.; 13 centre-bits, value 7s.; 3 plane-irons, value 3s.; 3 saws, value 10s.; 3 chisels, value 3s.; 1 gouge, value 5s.; 3 planes, value 5s.; 1 spoke-shave, value 1s.; 1 screw-driver, 1s.; 1 saw-set, value 1s.; the goods of Isaac Hawkins: and 1 plane, value 3s.; 1 saw, value 2s.; 4 chisels, value 3s.; 3 gouges, value 3s.; 2 gimlets, value 6d.; 4 brad-awls, value 4d.; and 2 squares, values 5s.; the goods of William Simmonds:—also for stealing, on the 26th of August, 9 saws, value 2l. 9s.; 10 planes, value 2l. 15s.; 16 chisels, value 9s.; 1 bevil, value 3s.; 2 gouges, value 9s.; 3 hammers, value 3s.; 4 guagges, value 1s.; 2 screw-drivers, value 5s.; 2 spoke-shaves, value 3s.; 2 rasps, value 4s.; 1 file, value 1s.; 2 squares, value 5s.; 5 brad-awls, value 1s.; 6 gimlets, value 3s.; 2 rules, value 6s.; 2 pairs of pincers, value 2s.; 14 bits, value 7s.; and 3 baskets, value 3s.; the goods of Daniel Parker: to both of which he pleaded
GUILTY . Aged 39.— Transported for Fifteen Years.
THOMAS KEEP . I am a tailor, and live in Northumberland-street, Strand. On the 10th of September I was at the corner of West-street, about eleven o'clock, looking in at a shop-window—I felt a tug at my pocket, turned round, and saw the prisoner with my handkerchief in his hand—I accused him of stealing it, and made a snatch at it—he threw it the ground—I picked it up, turned round, and the prisoner was then standing in the road—I said, "If you will wait here a minute I will give you in charge of the police"—he attempted to strike me, but I stooped—
he ran away—I pursued him—I lost sight of him merely in turning the corner—I am quite certain he is the person—another man took him—this handkerchief now produced is mine.
MARTIN WILLIAMS . I am a policeman. I was in Long-acre, and heard an alarm given—I went to the corner of the street, and found the prisoner in the prosecutor's custody, who accused him of stealing his handkerchief, which I have produced.
Prisoner's Defence. I am a cripple with both my hands, and it is impossible I could pick the gentleman's pocket.
GUILTY .* Aged 21.— Transported for Ten Years.
2390. THOMAS BURKE was indicted for stealing, on the 26th of August, 1 coat, value 4s.; 1 waistcoat, value 1s.; 1 pair of trowsers, value 2s.; 1 pair of boots, value 2s.; 1 hat, value 1s.; 1 handkerchief, value 6d.; and 1 pair of braces, value 6d.; the goods of James Crow.
JAMES CROW . I deal in walking-sticks, and live in Clement's-lane, Strand. The prisoner worked for me nine or ten days—I paid him and gave him board and lodging in the house—he slept in the same room with me—I told him to take a bundle of walking-canes and pawn them at Mr. Wassell's on the morning of the 26th of August—he went out first—when I awoke I missed the bundle of canes, and also the articles stated—no one could have taken them but the prisoner—I made inquiries at Wassaill's, and found the canes there—I looked for the prisoner, and at last fell in with him a fortnight after in Holborn, and gave him into custody—I found all my wearing apparel on him except the hat—the property now produced is it.
Prisoner. He was awake when I got up, and he lent me the clothes to go and pledge the canes in. Witness. It is false; how could I lend him clothes when I had none to put on myself, except a few of his which he left behind him?—he did not return with the money for the canes.
GUILTY . Aged 20.— Confined Three Months.
2391. JOHN FRANKLIN was indicted for breaking and entering the dwelling-house of Jessey Horsburgh, on the 27th of July, at St. George, Hanover-square, and stealing therein 1 tea-caddy, value 1s.; 7 humming-tops, value 3s. 6d.; 1 box, value 4d.; 36 rings, value 6s.; 18 boxes, value 10s.; 30 dolls, value 3s. 6d.; 18 pincushions, value 3s.; and 12 toys, value 18s.; her property: and 4 planes, value 12s.; and 7 chisels, value 3s.; the goods of James Horsburgh.
JESSEY HORSBURGH . I am a widow, and kept a toy-shop at Pimlico, in the parish of St. George, Hanover-square. On the 27th of July I went out about six o'clock in the evening—I fastened up all the house safe, locked the door, and took the key with me—I was absent about three hours—when I returned I found the back parlour window open which I had closed before I went out—I suppose the parties had got over the wall into the yard and climbed up to the back parlour window—I missed the articles stated, part of which belonged to my son, and the rest to myself—they are worth 2l. and upwards—the prisoner is a sweep, and lives in the neighbourhood—several of the sweeps have been very much about the
house, and had been standing outside the house during the day—the articles now produced are mine.
THOMAS FLETCHER . I live in Royal Hospital-row, Chelsea. I knew the prisoner by sight—I heard him offering this toy wagon and this omnibus for sale to a young woman—I asked what he wanted for them—he said 8d.—I gave him 1s. and he gave me 4d. out.
JAMES BRADLEY . I am a policeman. I took the prisoner into custody and charged him with this—he denied it—he said he had purchased them of some other sweeps in King-street—the other articles were found on other boys who said the prisoner gave them to them—they were apprehended, and were discharged by the Magistrate.
Prisoner's Defence. I know nothing about the other things, only the wagon and omnibus; I bought them for 6d., and sold them next day to Fletcher for 8d.
GUILTY . Aged 15.—Recommended to mercy.— Transported for Ten Years—Convict Ship.
Fourth Jury, before Mr. Baron Rolfe.
MR. PAYNE conducted the Prosecution.
JAMES WINSLOW . I am a smith, and live in Little Sutton-street, Clerkenwell. On the 2nd of July I was standing at my shop-window in Allen-street, in the afternoon—the prisoner, who keeps the Rose and Crown public-house in Allen-street, was talking with the deceased—the deceased pointed to me and said, "This is the man for cheek," meaning impudence—after that Jones and one Roberts were standing at the door of the Rose and Crown for a long while—Roberts did not appear to be sober—Roberts came to my shop-door and attempted to pull it open to pull me out—Caulfield was not there then, but hearing the row he came back—the prisoner was there, and had a little discourse with him—the first I saw was the prisoner, shove Caulfield twice—then there was a sort of scuffle or fight—I do not know what to term it—I then went into my shop to work—I came out again after hearing Caulfield's leg was broken, and found him lying down on the curb-stone by my shop-door.
Cross-examined by MR. CHAMBERS. Q. Your shop is opposite the door of the Rose and Crown? A. Yes—I do not know what Roberts wanted, but he left Jones and came over to pull me out of my shop—he Went away from my door just after the scuffle began between the prisoner and the deceased, but when it first began he was annoying me—I happened to look up and saw Jones give the deceased a push twice—the deceased was a small man—I do not know whether he was powerful—I only knew him by his passing my shop—Jones had summoned me for not paying a beer score, but it was a very unlegal thing—I consider more was booked to me than I had—I was not always abusing him—I never heard Caulfield abuse him.
WILLIAM WINSLOW . I live in Green-street, Globe-road, Mile-end, and am a smith. On the 2nd of July I was in James Winslow's shop—I saw caulfield in the road, and my uncle Jones at his door—words arose between Jones and Caulfield—I could not distinctly understand what about—they appeared to be angry words—Jones pushed him several times—then blows arose—Jones struck Caulfield first with his fist, then pushed
him, and Caulfield pushed him, and when he hit him, a scuffle ensued—both fell, Jones undermost—they got up again, a scuffle took place, and blows again—both fell, Jones uppermost, Caulfield falling across the gutter, and Jones falling on him, broke his leg—Jones said, "I will give it you again to-morrow"—I do not think he then knew the leg was broken—about half an hour after Caulfield was taken to the hospital, I heard Jones say he wished he had broken his neck—I cannot say whether he then knew his leg was broken—the deceased was sober—before the scuffle, Caulfield said, Jones sold bad beer—they had hold of each other when the second fall took place, and had entangled their legs round each other just before the second fall.
Cross-examined. Q. How do you know Caulfield was sober? A. He passed the shop two or three minutes before, and told me he had to work all night, and was going to have half-a-pint of beer—he pointed to my uncle, and said, "That is the man for cheek," loud enough for Jones to hear—he meant my uncle was the man for cheek—he addressed himself to Jones—Caulfield and my uncle bleated like a goat just after he said "That is the man for cheek"—it was a jeer for Jones, he being a Welshman— Roberts was over at our shop-door at the time the push was given, challenging my uncle to fight, but not at the commencement—I was attending to what was going on between my uncle and Roberts—I never saw Caulfield wrestle before—their legs were round each other at the second fall—he fell in consequence of his feet slipping into the gutter, I think, the second time—I have heard him jeering Jones before.
MR. PAYNE. Q. Were the words between Roberts and your uncle over when the fighting began between the prisoner and Caulfield? A. Yes, there was nothing to distract my attention from what was passing between Jones and the deceased.
JAMES KEMP . I live in Charles-street, City-road, and am a coach-smith. I was in Bailey's yard, and heard Winslow and Jones quarrelling—this was ten or twelve yards from Winslow's shop—I saw Roberts come out of Jones's when I was at the bottom of the yard, and begin quarrelling with Winslow—I saw Caulfield come from the further end of Bailey's yard—Caulfield got close up to Jones—there were angry words between them—Jones pushed him away—they got close together again, and got their hands up as if they were going to fight, but I saw no blows struck—they closed in together, had a struggle, and both fell down—Jones under most—they got up again, and had another struggle, and both fell down again—the deceased undermost—Jones prevented him from getting up a little—two or three people went up, and the prisoner was taken off him, and it turned out that his leg was broken—I knew Caulfield before—he had worked for me—Jones was the largest man—Caulfield was considered a very quarrelsome man through the trade.
Cross-examined. Q. When Caulfield went up to Jones, you could not see what he was doing, his back being to you? A. Yes—I could see a little—he might have struck him if he was not pushed away—Caulfield held up his hands, then Jones held up his hands—they closed and struggled as if wrestling, but no blows were struck—Caulfield was rather younger than Jones—he worked at a forge—he considered himself a good fighter and wrestler—I often knew him wrestle—he broke John Loosley's leg once in pulling him out of the tap-room in play.
MR. PAYNE. Q. Was the struggle between the prisoner and deceased in play or earnest? A. Earnest.
JOHN BREEZE . I live in Clark-street, Allen-street, and am a shoe-maker. I was standing at the corner of Jones's house, and saw the deceased on the opposite side of the street, boasting, and saying he had not got much fatter or thinner since he was summoned—I turned and asked if he was speaking to me—he said, "No," I turned round and saw Jones standing at his door—he was saying this to Jones—he kept going on, and putting his hand up to his face, and mimicking the goats—I thought he was making game of Jones—he came nearer to the house, and spoke to Winslow, then Winslow and Jones had some words—Caulfield went up Bailey's yard—Roberts then came and offered to stand a pot of porter if the prisoner and Winslow would not fall out, (I cannot say whether Roberts was sober)—Caulfield then came down the yard towards the prisoner, and the prisoner put himself in an attitude to fight—he hit Roberta, who stood by the side of the prisoner, in the face, a back-handed blow, then went up to the prisoner, with his fist, and said he would serve him the same—Jones said he did not want to dirty his hands with him, and told him to go away—they then pushed each other, and got hold of each other—the deceased threw Jones down in the mud—Caulfield was upper-most—he caught hold of Jones round the middle, and tried to throw him, and being the smallest and weakest man, as I thought, Jones fell on the top of him—I brought Jones away, took him to his own door, and the people hallooed out that the man's leg was broken.
Cross-examined. Q. Was Jones covered all over with mud? A. Yes—I saw Caulfield attempt to throw him with his hand round him—he put his leg behind him, but his foot slipped—he then fell across the gutter, Jones over him—when he put his fist in Jones's face he was close enough to strike him.
GEORGE PAULDING . I am a coach-smith, and live in Allen-street, forty or fifty yards from Jones's. On the 2nd of July I heard a noise, looked out, and saw Caulfield down, and the prisoner over him, holding his shirt collar—I went as quick as I could to assist, and said, "Jones, leave go of I the man, don't hit him now he is down"—Jones said he would throttle him—I endeavoured to put my shoulder between them, and separated them with the aid of another man—the moment I spoke to Jones, Caulfield said, "George, my leg is broken"—I said, "You don't say so"—he moved his leg, and I saw the bones protruding through his stocking—I said, "Leave go of the man, his leg is broken"—another person came and said, "Jones, what are you at?"—he let go, and went across to his own door, saying he wished he had broken his bl—y neck—he was certainly very angry.
Cross-examined. Q. When he got free from Caulfield, he walked deliberately to his own door? A. He was obliged to go—somebody took him there—his face was very muddy—he had fallen into the gutter—he did not say it would serve him right to break his neck, in my hearing, but that he wished he had—he did not let go of his collar till he was told his leg was broken.
JOHN WILSON . I am a porter, and live in Allen-street. On the 2nd of July, a few minutes after five o'clock, I saw Jones standing at his door, abusing Winslow-Roberts was with him—they both came over to Winslow's shop-door—Caulfield came up in about ten minutes—Jones said Roberts should fight Caulfield for any sum—Roberts then stood in an attitude for fighting—Caulfield put his hands up to defend himself—Jones pushed Caulfield several yards, and then a fight took place between Jones and
Caulfield—they both fell down, got up, and continued fighting, they closed and both fell together, Caulfield undermost—Caulfield had no neckkerchief on—Jones had hold of his throat and shirt with his right hand, and was going to hit him with his left—Paulding called out, "Don't hit him now he is down"—Paulding and I tried to separate them—Breeze came up, and said to Jones, "What are you doing? let go of the man"—we got him off, and Breeze took Jones away—while Jones held Caulfield by the shirt-collar, he said he would do for him—Jones was taken away before he found out that the man's leg was broken—Paulding tried to raise the man up, and he said in a low voice, "Oh, dear me, my leg is broken"—Jones said, in less than a second, he wished it was his bl—y neck instead of his leg—we conveyed him. to the hospital, then came back, and was going into No. 7—Jones hallooed out to another person with me who had helped to take him to the hospital, "You long slab, I am a man that don't eat my own words, what I said, I say now, I wish I had broken his bl—y neck instead of his leg."
Cross-examined. Q. Who is long slab? A. He works for Mr. Kemp—he goes by two or three names—I never heard him called long slab before—after Jones pushed the man they both squared, and there was a few blows exchanged—they were very trifling—I do not suppose that two blows were struck at the first round, as they went down—when they arose they began squaring again, and blows were exchanged on both side—they closed, and both went down—I saw that distinctly—I was close to them—I never quarrelled with Jones—I am a tee-totaller—I used to deal with him for beer before that, and my wife used to wash for Jones—he took it away some time back, as somebody owed him a debt, which he was going to set against the washing—I was not angry at that—I work as a porter for different shops—I saw Caulfield come down the yard—he folded his hands up against the post of Winslow's shop-door—he did nothing more till Jones said Roberts should fight him—there was a row between Winslow and Roberts—Caulfield stood in his own defence, thinking Roberts was going to strike him—he put his hand up—I cannot say whether he hit him—I did not see him strike—Jones interfered, and pushed Caulfield—I do not think that was to prevent the fight, because Jones challenged another man besides.
MARY ELIZABETH CROSS . I live in Allen-street—my husband keeps a coal-shed, and is a watch-maker. I did not see the beginning of this—my attention was drawn towards Jones's house by a noise—I saw Jones on the step of his own door, as if he was agitated—he immediately ran over the way, and went up the gateway—I went to the spot and saw him being released from the deceased, and his face covered with mud—he was wiping his face with his left hand, and shaking his right fist, saying he would serve him out, or he would be d—d—Breeze was releasing him—I saw Paulding and Wilson there—Jones went into his own house and came to the door again—I said, "Why, Mr. Jones, you have broken the man's leg"—several more said so—he said he was d—d glad—he wished he had broken his bl—y neck.
Cross-examined. Q. Was this after Jones had been into his house and come out? A. Yes—he had washed his face and was wiping it with a towel—I saw Mr. and Mrs. Wilson there when this was said—I do not know whether Breeze heard it—I have lived in the street seventeen years—I was not abusing Jones—I did not hear the imitation of the bleating of goat—I
had beard a row in the street for about two hours I think, but did not take any notice—I heard Jones's voice for I dare say two hours.
JOHN ASHTON BOSTOCK . I am one of the house surgeons of St. Bartholomew's hospital. On the 2nd of July, Caulfield was brought there—I saw him about six o'clock—he had a compound fracture of the right leg—part of the bone protruded through the akin, and there was considerable bleeding—the bones were put in their proper place, and the leg placed on the proper apparatus, but it proceeded unfavourably—a severe inflammation attacked the limb and thigh, which extended to the groin—on the 20th, large abcesses had formed, and the bones mortified—his strength was much reduced by the discharges—he became daily weaker and weaker, and it appeared in a few days he must have died—the wound had a very unhealthy appearance, and had no symptoms of healing—it was thought the best chance of saving his life was to amputate the limb, which was done by Mr. Stanley, the surgeon of the hospital—I assisted—he lived a fortnight after that, and appeared to rally for a few days, but eventually sank on the morning of the 8th of August—I examined the body after death, I found no disease to account for death, and believe he died in consequence of the injury of the leg, which I think might proceed from a fall in the way the witnesses describe.
Cross-examined. Q. Was there any thing in his habit of body to impede the proper union of the bones? A. The organs of his body were not quite sound, but not particularly diseased—there was nothing to cause death—the accident was certainly the cause of his death.
NOT GUILTY .
First Jury, before Mr. Recorder,
2393. ROBERT TIBNAM was indicted for feloniously uttering, on the 26th of June, a forged and altered receipt and acquittance, for the sum of 1s. 6d., well knowing it to be forged, with intent to defraud Andrew Caldecott and another.
MR. CHAMBERS conducted the Prosecution.
WILLIAM JOHN POWELL . I am in partnership with Andrew Caldecott, as Manchester warehousemen, in Cheapside. The prisoner was our head-porter, and had been in our service from twelve to fourteen years—he was entrusted with money for booking goods which were sent out—he had what is called a parcel-book, which is here—I always gave him money myself, beforehand, for the purpose of disbursing in that way—we occasionally settled accounts—when we did so the parcel-book was always brought to me, and he balanced his account to me as well as he could—we could not do so exactly, but we always came to within 1s. or 2s.—I looked down the sums paid, and saw that the total amount was right—here is an entry in this book on the 26th of June, in the prisoner's hand-writing—"26th June. Collins, of Chelsea, by cart, 284 pieces as three trusses," for which he would pay 6d.—he has entered here 1s. 6d. as paid—I settled that account on the footing of his having paid 1s. 6d.—it is the custom for each carrier to receive 2d. with each truss—this is signed by Rendell's carrier—the custom is when goods are delivered and payment made, for the party who receives the goods to put his signature in the last column, and when I see that signature, I take it for granted that he has
actually received the money it is signed for—I know goods were dispatched that day to Collins, of Chelsea—I know from the entering book that such packages went—I cannot say that I saw them go.
Prisoner. That is not my figure in the book—there are four porters besides me. Witness. We have four other porters, but they never account to me in the same manner—I looked to no one but the prisoner for any settlement, nor have I for twelve years past, except perhaps once a year when he has been out for a holiday—the settlement of the amount in question would not be made, perhaps, for a week afterwards—I can undertake to swear it was with him personally.
CHARLES BALDOCK . I am in the service of William and Thomas Rendell, Chelsea carriers, and have been so for two years—I have been in the habit of calling at the prosecutor's for parcels—I called there on the 26th of June, took three trusses, and signed the book—here is my signature, "Rendell"—the name of my employer—the prisoner paid me 6d., when I signed that book—I am quite sure of that—it was 2d. for each truss—I entered the 6d. myself in the book, and then signed it—there was no 1s. in the column when I signed it—I always sign my employer's name—I have signed the book before.
MR. POWELL re-examined. I am quite sure, when I settled with the prisoner, the 1s. was there—it was not discovered at that time, not till afterwards—the summing up includes the 1s.—that is done by a clerk—the books are brought to me by the porter, and I hand them to the clerk to sum up, in the state in which I receive them.
Prisoner's Defence. There are four porters, and the books go out with the carts occasionally—sometimes they go out at three or four o'clock in the afternoon, and I receive them the next morning about nine o'clock—they go through various persons' hands, and the till where I keep my money is as open to any one else as for me—the 1s. might have been put down, and the parties who did it might help themselves, as the till was never shut.
MR. POWELL re-examined. No one but the prisoner had to make disbursements—he kept the money in a drawer, to which he could have had a lock if he chose—I did not know till lately that there was not one—I understand him to say, that some of the porters might have taken 1s. out of his till, and entered 1s. in his book, so as to make the money square with his disbursements—he keeps the books—the entry in question is his handwriting, all but the 6d. and the carrier's signature—the total amount at the bottom of the page is by a clerk—I cannot swear to the handwriting of the 1s.—the prisoner paid the money for all the bookings—the prisoner would have the benefit of the introduction this 1s. into the book.
Prisoner. Some time since one of Davis's lads was caught, by one of my fellow-servants, taking something out of my till—he was taxed with it, and said he had only taken 1s., and two or three months back I lost a sovereign out of the till—I never knew how it went, and I had to make it good. Witness. I recollect, in one settlement with the prisoner, he could not account, by a sovereign, for his balance—I said of course he must expect to make it good, and I suppose he did so, as his balance came right another time—but it is longer ago than he states—all the other porters could go to the books.
NOT GUILTY .
2394. ROBERT TIBNAM was again indicted , for feloniously uttering, on the 4th of March, a forged and altered receipt and acquittance for the sum of 1s. 2d., well knowing it to be forged, with intent to defraud Andrew Caldecott and another.
MR. CHAMBERS conducted the Prosecution.
GEORGE EDWIN RADFORD . I am a clerk in the prosecutor's employ—I produce the porter's book—here is an entry,—reads—" 4th March, J. George. Bister, coach, King's Arms, H. B. (signifying Holborn-bridge) paid, one parcel"—I can swear to that being in the prisoner's writing—it was a parcel that would be sent out by the prisoner, and the entry would be made by him, in anticipation of its being carried out and paid for—he makes the entry before he sends it out—he would have to give the money to the person taking the parcel—the word "paid" is confined in a space in which I should think it would not be, if it had been put in at the time the parcel was sent—the prisoner should make all the entry, except the sum in the money column, and the signature of the party receiving the money—here are two dots, under the column headed "By whom taken," which would imply, that nothing more was to be written—and beyond those two dots the word "paid" is written—if that had been written at the time, there would have been no occasion for the dots—here is 1s., 2d. entered—the 2d. is blotted—the book was evidently shut while the 2d. was wet, while the 1s., which is in a darker ink and heavier, is not blotted at all.
ROBERT WEBBER . In March last I was clerk at the booking-office at the King's-arms, Holborn-bridge. When porters from warehouses bring parcels, they produce their parcel and delivery-book, and we sign the proprietor's name—if they pay the booking only we put in 2d., and if they pay the carriage, we put in the carriage and the booking as well—we have a book, in which we enter what parcels are paid for, but I have not got it here—this entry imports that the carriage was paid, being 1s. 2d., but I only received 2d.—the 1s. has been put in since—I signed only to the 2d. for the booking—this 2d. is my own figure, and the 1s. is not—if I only receive 2d. I put a stroke on the left-hand side, and I find that stroke here—1s. would be the amount charged for carriage to Bister—if I had been paid the carriage, I should have entered 1s. 2d. myself in the book.
COURT. Q. What was there to prevent the man who brought the book making the entry of the 1s., and getting the 1s. from the prisoner? A. I cannot say—I do not know who brought the parcel to me—it was not the prisoner—the prisoner could not tell what was paid for it till the porter returned.
WM. JOHN POWELL . When parcels were to be paid for, it was the prisoner's duty to make the entry at the time they were sent out—if it was ordered to be paid, it would be marked "carriage paid"—it is a most unusual thing for us to pay the carriage, nor have I any reason to believe that the package in question was ever paid for—I am quite satisfied it was not—no carriage has been charged to him in our other books—I am quite sure of that—I should expect the person to whom the goods were sent, paid the carriage—it is usual in all cases, and I know of no reason why he should not have done so in this one case—it is never the practice of the house to pay the carriage, unless it is in consequence of any neglect or omission on our part—if the porter had come back and said he had paid the carriage without being directed, the prisoner had no authority to allow the porter that.
COURT. Q. Why not have the name of the man who actually carried
the parcel out? A. There is a column headed "by whom taken;" and here is entered, "by cart"—it was sent by one of our carts—we contract for our cartage with one man, who supplies us every day with five, six, or seven carts, and he would be responsible for any thing wrong with his men, and would have to make it good to us—whatever was entered in the book the prisoner would allow, believing it to be right—the entry of the amount would be made in the absence of the prisoner—I could prove by our journals of the day the man who took the parcel.
NOT GUILTY .
2395. ROBERT TIBNAM was again indicted for feloniously uttering, on the 8th of July, a forged and altered receipt and acquittance for the sums of 1s. 8d. and 2d., with intent to defraud Andrew Caldecott and others.
MR. CHAMBERS conducted the Prosecution.
EDWARD LEE . I am in the service of George Twait, a carrier, at Chelsea. I used to call day by day at the prosecutor's warehouse for parcels—I called on the 8th of July, and received four trusses directed to Mr. Rooper, of Chelsea, and one to Mr. Harvey, of Knightsbridge—I received 8d. for the four trusses and 2d. for the one—I signed it, and entered the 8d. and 2d.—this is my signature in the book, "E. Lee"—the prisoner delivered me the trusses and paid me that money, and no more.
JOHN POWELL . This sum of 1s. 10d. has been allowed to the prisoner—the additional 1s. being put in before the 8d.—in consequence of a communication made to my partner by Evans, one of our porters, we had the prisoner apprehended.
— EVANS. I am an under porter in the prosecutor's employ. I made a communication to one of the prosecutor's young men about the prisoner's book—about twelve months ago I told the prisoner there were some things in his book which were not right—I told him what it was, but it is so long ago I forget now—something more was charged than ought to have been, and I said he ought to be careful with his books, or he would get himself out of place—the prisoner said I ought to think of his family—I said, "If you thought of your family you would not do such things"—that was all that passed then.
JURY. Q. Can you get to his money in the till? A. Yes, and to his book—I used to enter things in it when he was at dinner—I used to tell him what money I gave the carman, and he used to settle with the carman.
GEORGE EDWIN RADFORD . Here is a column headed "called for by," and the name "E. Lee," appears in the next column—the prisoner has been in the habit of writing the word "by"—this "Rooper, Chelsea cart, (called for by) four trusses, B. Harvey, Knightsbridge, one truss," is in the prisoner's handwriting—I cannot speak to the figures—we never, in any instance, pay more than 2d. for each truss—the entry imports that it will be called for by the carrier—the carriage would not be paid—the carriage is never paid in any case to those parties.
MR. POWELL re-examined. It is a very rare thing for the carriage to be paid when the carrier calls for parcels—the party these were sent to contracts with the carrier by the year.
GUILTY . Aged 48.— Confined Two Years.
2396. MICHAEL SAVAGE was indicted for stealing, on the 30th ofAugust, 19 spoons, value 8l.; 1 pair of sugar-tongs, value 12s.; and 1 ladle, value 10s.; the goods of Thomas Hedge, in his dwelling-house.
JOHN NELSON PIPER (police-constable B 154.) On the 30th of August, between one and two o'clock in the afternoon, I saw the prisoner about the garden-gate of No. 39, Vincent-square, in company with another lad—he went in at the gate—I waited, and they came out in about ten minutes—I saw the prisoner put his hands to his trowsers' pockets—I said I wanted to speak to him—he immediately ran off—I pursued and took him back to the garden, searched him, and found the whole of the plate now produced on him—the only remark he made was, that I did not see him get in—the house is in the parish of St. John the Evangelist.
Cross-examined by MR. CARTEEN. Q. What became of the other boy? A. He ran off—he was rather older than the prisoner.
ANN HARRISON . I am servant to Thomas Hedge, of No. 30, Vincent-square, in the parish of St. John the Evangelist. This plate belongs to him—I had seen it safe half an hour before, in a drawer in the store-room, which is even with the hall—I had left the window a little open to admit the air-nobody could get in without further raising the sash—I found it quite up to the top when the prisoner was taken.
Cross-examined. Q. How do you know your master's name? A. He told me his Christian name when he engaged me—I know the plate by the mark—I have heard people mention the name of the parish—there was nobody in the house besides me—the family were from town—the window was not sufficiently open for any body to get in without opening it further—I heard the front door open just before the alarm—there were foot-marks of somebody getting in at the window—the pawnbroker offered to give 9l. 10s. for the plate.
(Stephen Cockrell, of Chapel-street, Westminster, gave the prisoner a good character.)
GUILTY .† Aged 18.— Transported for Ten Years.
2397. WILLIAM BRADBURY was indicted for breaking and entering the dwelling-house of Isaac Sibley, on the 5th of September, and stealing therein, 1 loaf of bread, value 8d.; 1 1/2 lbs. weight of pork, value 1s.; 23 buttons, value 6d.; and 1 clasp, value 1d.; his goods.
SARAH SIBLEY . I am the wife of Isaac Sibley, and live at Potter's Bar, Middlesex. The prisoner came to our cottage on Sunday, the 5th of September, between twelve and one o'clock, for some water, which I gave him; and in the afternoon, when I came from church, he was sitting on a stile, a few yards from the house—I had locked the front door of the cottage when I left home, fastened the window, and took the key with me—I left a loaf, locked up in a shed adjoining the house, under the same roof—you must go out of the house to get to it—I left the key of the shed on a table—a person must get into the cottage to get it—I lost some buttons and a bottle from a chest in the bed-room in the house, on the ground-floor—I found the chest broken open, and the back window was broken, and the iron work pulled off, so that a man could get in—I found the key of the shed in the door.
BENJAMIN BRITTAIN . I am a policeman. I went in search of the prisoner, and found him at a beer-shop in Mutton-lane, South Mimms, that Sunday evening, about a quarter of a mile from the prosecutor's house—I said, "Have
you not been across to the cottage for water this evening?"—he said, "No in the fore-part of the day"—I said, "Have you a bundle or parcel?"—he said, "No, I have none"—I looked on a sort of straw bed in the shed he was in, and there found a coarse bag, containing a loaf of bread, the buttons, and a piece of pork—I asked whose it was—he said it was his—I said, "Are you sure it is yours?"—he said, "Yes"—I said, "What does it contain?"—he said, "Some grub, I bought it at Barnet"—I took him a crow to the cottage—Mrs. Sibley claimed the loaf and pork.
MRS. SIBLEY re-examined. This is the pork and bread, and these are the buttons—the house is in the parish of South Minims—the buttons were in the chest, in the house.
GUILTY . Aged 17.— Confined Six Months.
2398. MARY HARVEY was indicted for feloniously assaulting George Boulton, on the 16th of September, putting him in fear and danger of his life, and taking from his person, and against his will, 3s., his monies.
GEORGE BOULTON . I am a coach-builder, and live in Pread-street, Paddington. On the 16th of September I had been spending the evening with a friend, in Bow-street, Covent-garden—I was returning home—it got towards twelve o'clock at night—I met the prisoner in a street which has been stated to me as Long-acre—she was in company with another female—I asked them the way to Oxford-street—they pointed out a court on the opposite side, and said that would take me directly there—I had gone a few paces across the street, the prisoner called me back, and said, "That is not the way, that is the way," and pointed out another court—I was going down that court—when I got a few steps, the prisoner and her companion seized and thrust me into a house, the door of which was open—the prisoner swore she would have my b—y heart out unless I gave her 1s., which I did; and then she fastened hold of my neck cloth and shirt, and swore she would have another; and wishing to get out, I gave it her; she then demanded a third, which I gave her, and got out of the house—I called the police, and in about an hour and a half the policeman broke the door in with a hammer—she then escaped up stairs, into another room, and they said they would break it open unless she opened it, and in a few minutes she opened it—I gave her in charge—the other woman had left immediately.
Q. Could not you get from the prisoner? A. She fastened on me by the throat, and I heard other prostitutes in the house—I should not have given her any money but from her holding me and being alarmed.
Prisoner. You asked me for Oxford-street; I took you down Angel-court; When I passed my door I wished the female good night. I said, "Go down to the bottom, and cross over;" there are two lamps in the court; he followed me, and said, "Do you live up that court?" and asked if he could go up stairs with me; he went up into my room, and said, "What am I to give you? I am very short of money;" he gave me a shilling and a fourpenny piece, having said he would give me 4s. I said, "That is not the money you promised me;" he locked the door, and put the key in his pocket. I said I would not stop for that money; he up with his fist, and knocked me down. Witness. It is not true—I deny the whole—it is a mere fabrication—I gave her three shillings, and no fourpenny piece—I did not go up stairs at all. nor say I would give her any thing.
JOHN MARSH . I am a policeman. I heard a cry of "Police" in Angel-court—I went immediately, and saw the prosecutor, who was quite sober, but agitated—he complained of being robbed of 85., and his life threatened—I knocked at the door, and after some time the prisoner looked out at the two pair of stairs window—I asked her to let me in—she said she should do no such thing—I said I was determined to have her, for she had robbed the man—I asked the people of the house—they would not let me in—after considerable time I knocked the door in with a hammer, went up to her room, and called to her—she pretended to know nothing about me—I called the prosecutor up, who said she was the woman—I took her—her language going to Bow-street was most disgusting—she was searched, and two shillings and a fourpenny piece found upon her.
Prisoner. Q. Did not I say there was a shilling he gave me in my I room? A. Yes, and 1s. 4d. was found on her afterwards.
Prisoner. I would have opened the door, but the people down stairs said they would not have any body come in. He struck me in my own room. I gave the inspector 1s. 4d. which he had given me, and said I had 1s. 4d. more of my own; he knocked me down against the window, and then opened the door and ran down. The inspector was an hour before he took the charge. Witness. There is not a syllable of truth in what she says—she wanted me to go into the room, and made an indecent proposal, but I turned with disgust from her.
GUILTY .† Aged 38. Transported for Ten Years.
NEW COURT.—Thursday, September 23, 1841.
Sixth Jury, before Mr. Common Sergeant.
2399. FRANCIS FRASER was indicted for stealing, on the 14th of September, 1 pistol, value 10s., the goods of our Lady the Queen.—2nd COUNT, stating it to be the goods of the principal officers of her Majesty's Ordnance.— 3rd COUNT, stating it to be the goods of Francis Robert Bonham, Esq.; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 37.— Transported for Seven Years.
2400. THOMAS STERN was indicted for stealing, on the 28th of August, 1 pewter pot, value 1s. 6d. the goods of John Wells; 4 pewter pots, value 7s. 6d., the goods of George Sandell; and 1 pewter pot, value 1s. 6d. the goods of John Macher; to which he pleaded
GUILTY . Aged 34.— Confined Six Months.
GUILTY .— Confined Six Months.
GUILTY . Aged 28.— Confined Three Months.
2403. GEORGE HALL was indicted for stealing, on the 27th of August, 28 yards of a certain printed cloth, called Saxony cloth, value 2l. 12s. 6d., the goods of James Walbran and another: also for obtaining goods by false pretences on the 27th of August, on the 1st of September, and on the 4th of September; to all of which he pleaded
GUILTY . Aged 28.— Transported for Seven Years.
2404. ABRAHAM TITMUS was indicted for stealing, on the 6th of September, 1 handkerchief, value 4s. the goods of James Horlick, from his person; and that he had been before convicted of felony: to which he pleaded;
GUILTY .* Aged 17.— Transported for Ten Years.
GUILTY . Aged 15.— Confined Four Days.
GUILTY . Aged 16.— Confined One Month.
MR. DOANE conducted the Prosecution.
CHRISTOPHER DANIEL HAYES, JUN . I am the son of Christopher Daniel Hayes. I am a floor-cloth manufacturer, and live in Fenchurch-street, and have a factory in Hackney-road—the prisoner was my foreman for about sixteen years—he was paid by piece-work—he was able to earn from 30s. to 35s. a week—the retail business at Hackney-road was very small—the prisoner's attention was confined to that place alone—I keep no clerk there—the prisoner acted as clerk there, and I allowed him 4s. 6d. a week for that—he said to his private friends, and accounted to me for that, but that was a distinct account altogether—when he received orders, it was his duty to place them in the order-book, and when he received money, he put it down immediately in the cash-book—I am principally in Fenchurch-street—there was no fixed period at which he ought to account to me—it might be six weeks or longer, but it was his duty on receiving money to put it down at once—in July last I found he was drunken, and had to discharge him—he settled his accounts the following day—there was a balance of half-a-crown due to me, which I never received—I did not care about it—after he was gone, ou referring to my book, I sent out accounts to various customers—the prisoner had never accounted to me for 4l. 10s. received from Mr. Parnell, nor 5l. from Dr. Burder, nor 2l. 8s. 6d. from Gopp—they do not appear in the cash-book—the goods were entered in the journal, or I should not have found them.
Cross-examined by MR. PHILLIPS. Q. Is your father here? A. No, the prisoner's father had been in the service of our family—he and his father had been employed for forty years for us—the books which he used
were left in the desk in the factory which he used—he had the key of that desk—I had the lock picked that I might open it—that was before I discharged him.
Q. Did he not ask for an inspection of the books from you? A. He never did—that I swear solemnly—he called on me after he was discharged—he did not then demand that the account should be gone into—I demanded it—he did not demand to see the state of the books—this was on the day after his discharge—I settled the cash-book, but those accounts that I charge him with embezzling I could not settle—I settled the accounts represented to me.
Q. Were there not books occasionally taken from the factory to Fen-church-street, and was not the prisoner left then either to trust to hit memory, or take slips of paper to put accounts on, and to transfer them to the books when they returned to the factory? A. Yes, but I do hot suppose that was done three times—the books were never away at Fenchurch-street for six weeks together—I took them monthly to Fenchurch-street—one of them might be there sometimes for a fortnight, but he had another book to place these things in.
COURT. Q. Did the cash-book go away for a fortnight? A. No, the journal I refer to.
MR. PHILLIPS. Q. Was the cash-book never taken? A. Yes, at sundry times, perhaps twice in the year—it might be four times—I swear it was not six times—three books used to go to Fenchurch-street—one went monthly—among the books that went was the cash-book—I generally used to keep it at Fenchurch-street one day—I might keep it a week, or I might keep it a fortnight—during that time the prisoner had another book, or he might have put the accounts on slips of paper—no doubt there were frequent mistakes in consequence of this.
Q. Did not the prisoner come to you in the month of July after his discharge, and ask you to settle the accounts? A. No, I swear I did not give him for answer that another time would do—he called on me on the day after his discharge, and we settled the accounts—he called on me several times afterwards—I never told him another time would do after we had settled.
COURT. Q. What did he call for? A. On one occasion he called to ask if I would give him a character, and there were several things belonging to him in the place—I turned him away for drunkenness—he was away from Monday till Friday, and I wanted the books, which was the reason I opened the desk.
MR. PHILLIPS. Q. Had you no quarrel with him on politics? A. None, sir-—I do not know which way he voted at the election—I never asked him—I voted myself, but had no quarrel with him for voting on the opposite side—I do not know that he voted, nor that he quitted my place for the purpose of voting—he quitted me at twelve o'clock on the Monday.
MR. DOANE. Q. The journal went regularly every month to Fen-church-street, and the cash-book occasionally? A. Yes—the order-book would still be left with the prisoner—it was not his duty to enter these accounts in the order-book—it was not usual to enter them there—he had a cash-book of his own besides mine—he was in the habit of entering the accounts in his own private cash-book, and then transferring them to mine.
MR. PHILLIPS. Q. What day of the month were the books taken to
Fenchurch-street? A. On the first of each month—it was not on the 2nd of July that the prisoner called on me—I discharged him on the 3rd—the books were not at Fenchurch-street when I discharged him—they were in his desk—that was why I broke it open to send them to Fen-church-street.
Q. When did the books go to Fenchurch-street? A. On the 1st of July, and I discharged the prisoner on the 3rd—the books might be at Fenchurch-street when I discharged him—I have no doubt they were—they were at Fenchurch-street on the 1st of July—I will swear they were, and I discharged him on the 3rd—the desk was broken open on the 1st, and the books went back from my house to the factory on the 2nd, that I swear.
MR. DOANE. Q. Was the prisoner present on the 1st? A. No; he had absconded from the Monday till the Friday—it was not his duty to be absent—on the 1st of July I wanted the books, and, he being absent, I was obliged to pick the lock to get them—the cash-book is here, and these three entries do not appear in it—he had no right to be away, as he was doing piece-work, which is done in the factory—there are other persons belonging to my establishment living on the premises.
WILLIAM PARNELL . I live in Alfred-terrace, Cambridge-road. I bought a piece of floor-cloth of the prosecutor—I paid the prisoner, on the 29th of May, 4l. 10s. for it—this is the receipt for it—I saw him write it.
WILLIAM SANDERS (police-constable N 170.) I took the prisoner on the 17th of August—I told him to be cautious what he said—I said I took him for embezzling several sums from his master—he said, "I to not know any thing about it; if I did it, 1 did it when I was lumpy."
Cross-examined. Q. What is lumpy? A. I imagine it means drunk.
(Thomas Tagg, an undertaker in Sun-street, Bishopsgate; William Service, a calico print-cutter; and Mr. Gearish, an ironmonger; gave the prisoner a good character.)
GUILTY . Aged 34.— Transported for Seven Years.
(There was another indictment against the prisoner.)
ISAAC HILL . I am a baker, living in Dean's-buildings, Poplar. The prisoner was in my service—it was his business to pay me all the money he received every evening—if he received on the 10th of August 8s. 4 3/4 d., or 8s. 9 1/2 d. on the 17th of August, or 8s. 9 1/2 d. on the 24th of August, from Sarah; Sutton, he has not paid me.
Cross-examined by MR. PHILLIPS. Q. Are you married? A. Yes—my wife occasionally acts in the shop—she is not here—she sometimes receives money of him—I have received different sums on Mrs. Sutton's account—I have not received 2l.—the last sum he paid in was 1l. on the 30th of August—there had never been any mistake with respect to the prisoner—he has paid the accounts different to the way in which be received
them—I have received sums on account, but not on account of deficiency.
COURT. Q. When did he settle with you? A. The last was 1l. he paid on account of 4l. 0s. 1d.—none of the accounts handed in by him took notice of these three separate sums—they omit them altogether—I have never had an account admitting him to be in my debt—the date of this account is from the 22nd to the 28th of August.
SARAH SUTTON . I am the wife of John Sutton. The prisoner was in the habit of supplying me with bread—I paid him every week the exact amount of the bills—I paid 8s. 9 1/2 d., 8s. 9 1/2 d. and 8s. 9 1/2 d.—there was a mistake of one loaf in one, and he corrected it—I paid them for his master.
GUILTY . Aged 27.— Confined Six Months.
(There was another indictment against the prisoner.)
WILLIAM STAPLETON . I keep a well-boat on the Thames, near Staines-bridge. On Saturday, the 28th of August, I had a great quantity of Dutch eels in my boat—there was an iron grating on the top of the well—it was kept locked—the prisoner was caught in the boat with one eel in his hand—I went and examined the boat, and found one eel gone—I could not swear it was taken out—it resembles my eel—the grating was taken up—it could not have got out itself.
Cross-examined by MR. PAYNE. Q. I suppose these are big round? A. According to the weight—I have known the prisoner some time—he is a coal-heaver.
CHARLES BUTLER (police-constable T 104.) At a quarter before one o'clock, on the night of the 28th of August, I saw a man named Chaffey standing near Blackbird-lane—I went down to the boat, and saw the prisoner in the boat with a large eel in his hand—my brother constable found this iron grating had been taken up.
Cross-examined. Q. How do you know it was an eel? A. I saw it—this knife was found in the boat—I am quite sure I saw the eel in the prisoner's hand—he did not appear to have been drinking.
GUILTY . Aged 35.—Recommended to mercy.— Confined One Month.
ROBERT LINWOOD . I keep a pawnbroker's shop in St. John-street—the prisoner was a customer at my shop for two or three years. On the 28th of July a person applied to me for a miniature and frame—we could not find it—a few days after something else was inquired for that excited suspicion, and I found the miniature and frame pawned at another shop.
Prisoner. I should like to know how he lost it and accused me. Witness. He had been there almost every day, and was seen once or twice to be lying over the counter—he was told of it, and said he had no sleep last night, and then he would call the lads to the part where these things were, and send them for one thing and another, and then he could get things out of the drawer.
Prisoners Defence. I deny all knowledge of it; I never had it.
2411. HENRY LEWIS SALES was again indicted for stealing, on the 21st of July, 1 masonic ornament, value 1l. 5s.; 1 work-box, value 2s.; 1 pair of scissors, value 1s.; 1 knife, value 1s. 6d.; 1 piercer, value 1s.; 1 pair of tweezers, value 1s.; 1 bodkin, value 1s.; 1 thimble, value 1s. 6d.; 1 measure, value 1s. 6d.; and 1 pincushion, value 1s. 6d.; the goods of Robert Linwood.
Prisoner. I disown all knowledge of them altogether.
2412. HENRY LEWIS SALES was again indicted for stealing, on the 14th of July, 1 miniature frame, value 10s.; 4 necklaces, value 4l. 8s.; 2 masonic ornaments, value 7s.; 1 breast-pin, value 9s.; and 2 lockets, value 15s.; the goods of Robert Linwood.
Prisoner's Defence. I deny all knowledge of it.
GUILTY . Aged 26.— Transported for Seven Years.
MR. PHILLIPS conducted the Prosecution.
PATRICK HUTCHINSON (police-constable D 75.) On the 7th of September, I met the prisoner in Fair-street, Paddington, with another man—I took the prisoner and searched him at the station-house, and found 23lbs. of lead under his clothes, attached to a belt that he wore inside—a nail was stuck in the lead, and by that he carried it—I asked him how he came by it, he said he took it from No. 6, Cambridge-square—I found he worked there—I compared this lead with what he had been working at the same day, and found it to correspond in every way—I have no doubt came from the lead there.
Cross-examined by MR. DOANE. Q. What are the parts you compared?
A. These strips I compared with the pieces I found on him—Ovenden was with me.
LIONEL THOMAS PONSFORD . I am a nephew of Mr. James Ponsford—he is building Cambridge-square—Mr. Spencer is a journeyman—my uncle supplies the lead and all the materials for the building—the prisoner worked at No. 6 in that square on the day he was taken up—I have compared the lead produced with the lead fiat over the kitchen at No. 6—these slips I am positive came from there—it is worth about 6s.
Cross-examined. Q. I believe the men often take these slips to get beer? A. They do sometimes, but they are not authorized—Mr. Spencer contracts under Mr. Ponsford.
Cross-examined. Q. What day was this? A. On the 8th, or 9th, or 10th—I took another person in custody about some lead—I found some lead on that third person—he was summarily convicted before the Magistrate—that lead is now in the store-room at the station-house.
Q. Upon your oath did you not take and sell it? A. Yes—they did not say, "I suppose some poor fellow has suffered for this"—Mr. Alderman's shopman said, "What! a Peeler selling lead!"—I said it was strange.
Q. Did you not say, "I stopped a man with it a fortnight ago, who cut and run, and I did not wish to stop him?" A. No—I told him the man had been taken before the Magistrate and was convicted—I went and got the lead back, it was only to be left for a few hours.
(The prisoner received a good character.)
GUILTY . Aged 46.— Confined Two Months.
GUILTY . Aged 32.— Confined Two Months.
(The prisoner received a good character.)
JAMES M'NAIR . I keep the Crown public-house in High-street, Kensington—theprisoner was in my employ as pot-boy—he was authorized to receive money—if he received, on the 31st of August, 4d., part of 1s. 6d. from Mrs. Robins, he has not paid it to me—or on the 6th of September, W., part of 1s. 2d.—he should have paid them at night after he received them.
Cross-examined by MR. PHILLIPS. Q. Was it on Saturday night he should receive his wages? A. On Mondays I always paid him—I asked him about the 4d. frequently, and on the morning of the 7th I asked him about the 8d.—he said he had not received it—I have since heard that he has let people run scores and paid it me.
NOT GUILTY .
JOSEPH M'NAIR . I am the prosecutor's son. On the 4th of September my father sent me into the cellar to feed the fowls—I saw the prisoner at the butt drawing a pint of beer—he saw me and ran up stairs—he hid it behind the cellar-door—he had no business to draw beer nor to go down.
Cross-examined by MR. PHILLIPS. Q. He drank a sup of this beer? A. No, he ran up stairs, and hid it behind the cellar-door—I take a little drop when 1 go down, if I am dry.
NOT GUILTY .
Cross-examined by MR. PHILLIPS. Q. Were you at home? A. Yes—I used to send him down into the cellar, perhaps once or twice a week, as I am lame.
RICHARD HILL (police-constable T 113.) I was sent down to watch, on the 7th of September—I saw the prisoner come down with a pint-pot, go to the butt, and draw some beer—he turned to go up, and I took him—he said he hoped I would not take notice of it, as he should be ruined if I did, and he would put away the pot.
NOT GUILTY .
BENJAMIN ELAM . I am a chemist, and live in Oxford-street, in the parish of St. Mary-le-bone—the prisoner was my errand-boy. On last Friday I missed a 10l. Bank of England note from my cash-box—I am sure it was left in the cash-box, which I locked when I made up my cash on Wednesday morning—I sent for an officer, who spoke to the prisoner—he said he had picked it up in the back shop, under the desk, while sweeping it out—I cannot say that it was impossible I could have dropped it—it may have been the case.
JURY. Q. Were there any sovereigns in the box? A. Three or four sovereigns, but no silver.
THOMAS BRYAN . I know the prisoner—I met him on Thursday—he told me he had a 10l. note—I asked him where he got it—he said, from his place—I told him he had better take it back—he said he could not—he gave it to me, and I gave it to Dawes.
GUILTY . Aged 13.— Transported for Ten Years—Parkhurst.
MR. CLARKSON conducted the Prosecution.
WILLIAM HENRY BAYFIELD . I am shopman to Mr. Peachey, a pawnbroker, in Goswell-street. On the 4th of June the prisoner pledged two pairs of silk stockings for 4s.—one pair was white silk, the other black—he gave the name of "Thomas Williams, No. 6, Norway-street"—I asked whose property they were—he said his own—he had a cloth coat on.
JOHN WALLS . I am in the service of Mr. Wood, a pawnbroker, in St. John-street. On the 11th of September the prisoner pledged one pair of white silk stockings, in the name of "William Bennett, No. 6, Francis-street, Gray's-inn-road"—he said they were his wife's.
FREDERICK WOOD . I am shopman to Mr. Rogers, a pawnbroker, in Turnmill-street. I produce a pair of black silk stockings, pawned on the 1st of September by the prisoner, and two pairs of black silk stockings, on the 3rd, pawned by him, I believe—I am sure he pawned the first pair—I asked him whose they were—he said his own—he gave the name of "William Bennett, No. 6, Gray's-inn-lane."
CHRISTOPHER BROWN . I am in the service of Brown and Co., pawnbrokers, in Gray's-inn-road. I produce a pair of black silk stockings, and a pair of white, pledged on the 2nd of June—I do not think it was by the prisoner.
ROBERT SCOTT SHORTREED . I am in the service of Mr. Abithail, in Calthorp-place. I produce a pair of black and a pair of white silk stockings, pawned in the name of" John Williams"—I have no recollection of the person.
JAMES HACK . I am foreman in the warehouse of Mr. George Ray, a manufacturer of silk hosiery. These articles are all his manufacture—the prisoner was his porter on the 2nd of June, and continued so till the 11th or 12th of September, when he was taken into custody—we should not be able to miss this small amount of property from our warehouse—the prisoner had abundant opportunity of taking things if he was so disposed.
WILLIAM STUDLEY (police-constable G 189.) I received the prisoner in custody, on the 11th of September, from Mr. Bulworthy, a pawnbroker, in Aylesbury-street—he had a pair of white silk stockings and a pair of black at the time—I asked the prisoner where he got them—he said he bought them at Castle, Luck, and Company's, in Love-lane—he said he had been out of place three or four months, and was jobbing about the City to get a shilling—I found on him a card of his master's residence, a book, and two blue cards.
Prisoner's Defence. I bought three pairs of them at Hawes and Otley's, in the Poultry, six pairs at Mr. Dossitor's, and three pairs of Mr. Waterman.
WILLIAM STUDLEY re-examined. I was in attendance before Mr. Coombs, the Magistrate, when the prisoner was there—I heard him make a statement, which the clerk took down, and the Magistrate put his name to it—this is his signature to this deposition—(read).
(" The prisoner says, 'I know nothing at all about the stockings, only those that were taken upon me on Saturday niaht.'")
GUILTY . Aged 24.— Transported for Seven Years.
(There was another indictment against the prisoner.)
MARY WISE . I am the wife of Joseph Wise; we live in New-road, Chelsea. The prisoner took a furnished room of us—I missed two curtains, and the prisoner gave me the duplicate of them—I have found them, and they are mine—I did not allow the prisoner to pledge them—she had only been in the house a week.
GUILTY . Aged 24.— Judgment Respited.
GUILTY . Aged 45.—Recommended to mercy.— Confined Three Months.
WILLIAM JAMES ELLIOTT . I am in the service of Mr. James Bywater Humphreys, who keeps the Crown coffee-house in Holborn. On the 14th Sept. about a quarter to six o'clock, the waitress informed me she had some suspicion—I went down the coffee-room, and she directed my attention to the prisoner—I touched him on the shoulder, and asked him to step into the bar—he followed me, and I told him I suspected he had some of our books about his person—he said he wondered at that—I said I did, and I must see, and between his waistcoat and his trowsers, I found these directories, cut in pieces—they are my master's.
Cross-examined by MR. FRAZER. Q. I believe Mr. Humphreys is your uncle? A. Yes—he is not here.
GUILTY . Aged 15.— Confined Six Days.
MR. PHILLIPS conducted the Prosecution.
AMY STEER . I am the daughter of Mr. Steer, of Britannia-street, City-road. I lived at Mr. Wood's, in Windsor-terrace—I got acquainted with the prisoner when I was at my sister's house—he visited there, and then he became a lodger—he paid his addresses to me, and I consented to marry him—on the 31st of December I left my watch on the mantel-piece in the sitting-room—the prisoner came in, and when he went out I missed my watch—I followed him, and asked him about it—he said he would return it when he came home—when he came back I saw him, and asked him about it—he said he would give it me, but he had put it in the cupboard in his bed-room—I was surprised at not getting it, and in a few days I asked him again—he said it was in the cupboard, and he would give it me—it was worth about 4l. 10s.—it had a ribbon to it, and a key, which was my brother-in-law's—some time after, the prisoner went away into the country—I never got my watch—I never gave him authority to take it, or to pawn it, or to sell it.
Cross-examined by MR. DOANE. Q. This was on the last day of the
old year, did he not come back, and you spent the evening together, spending the old year out and the new one in? A. Yes—I saw him frequently after that, and it was after that that the banns of marriage were put up—they were published on the 3rd, the 10th, and the 17th, of January—I was twenty-five years old last October—the prisoner paid for publishing the banns—I do not know how long after it was that he went to Liver-pool—he went away, and I did not know he was gone—I received one letter from him, with a town post-mark, on the 1st of March—I do not know whether I would have become his wife after he came back from Liverpool—I was very angry with him.
WILLIAM SANDERS (police-constable N 170.) I took the prisoner in August, at the Duchess of Oldenburg public-house—I told him I took him for stealing a watch and key of Miss Steer—he said he knew nothing about it.
(Richard Allen, a baker, in Great Warner-street, gave the prisoner a good character.)
GUILTY . Aged 24.— Transported for Seven Years.
(There was another indictment against the prisoner.)
Fifth Jury, before Mr. Sergeant Arabin.
FRANCES SARVENT . I am the wife of George Sarvent; we keep a broker's-shop in Seymour-place, Brunswick-square. On the 13th of September, about half-past six o'clock in the evening, a neighbour told me about a bed haying been taken—I went out, and found the prisoner carrying it in Shouldham-street, which is about three minutes' walk from our house—I gave him in charge—the bed bad been taken from our door—the prisoner was in liquor.
Prisoner. I have lived there these twenty years; I must be mad, or out of my senses to be guilty of such a thing.
GUILTY . Aged 48.—Recommended to mercy.— Confined Fourteen Days.
THOMAS ELLIOTT . I keep the Grosvenor Anns public-house, Grosvenor-street; the prisoner had been my potman for about three months. On the 31st of August, he had to take some pots into the bar, and place them on the shelves—I was sitting in the bar-parlour, and thinking he was longer than he had occasion to be, I went into the bar, and saw him gathering himself up, and leaving a drawer, in which the money was—I said, "What have you there?"—he said, "Nothing"—I said, "I am satisfied you have, allow me to look in your hand"—I saw he had a quantity of silver in it—I called in a policeman, who was passing, and gave him in charge—I found in his hand 18s. 10d.—I charged him with
robbing me—he denied it, and then afterwards admitted he had robbed me.
WILLIAM PLUMMER (police-sergeant C 12.) I took the prisoner—he first denied this, and then said he was very sorry for what he had done; if his master would forgive him he would not do the like again, and that he was persuaded to do it.
(The prisoner received a good character.)
GUILTY . Aged 21.—Recommended to mercy.— Confined Six Months.
BENJAMIN DENTON . I keep the Swan-yard wagon-office, in Whitechapel. Mr. George Mayling's Brentwood wagon books at my yard, and carries parcels from there. On Saturday the 17th of July a parcel was booked there for John Dickson, Brentwood—I delivered it to Mr. Mayling's man—he put it on the wagon—the prisoner jumped on the shafts, and took it away—I knew him before—I had seen him about many times—it was a brown paper parcel, and contained a lot of ladies' shoes—the prisoner was not employed in our yard—we followed him up Castle-alley, but could not take him then, but we knew him so well that we took him afterwards—the parcel has never been seen.
JOSEPH JOHN DIXON . I am a packer. I packed the parcel in question—it contained forty-four pairs of women's and children's shoes—it was to go to the White Swan Inn, Whitechapel—I booked the parcel at the yard, and left it in the counting-house—they were worth upwards of 7l.
WILLIAM VENENT . I belong to the East London Water Company. I met the prisoner in Castle-alley—he was walking before I met him, and then he ran—there was another person with him, who was carrying a parcel.
SAMUEL TAYLOR . I am street-keeper of Whitechapel. I received information of this from Mr. Denton, and went after the prisoner—I met with him on the following Tuesday—I brought him to the booking-office, and Mr. Denton said he was the person who took the parcel—he said he knew nothing about it—I asked if he was in Whitechapel on the Saturday—he said, "No;" and after that he said he was, between four and five o'clock, with another person.
GUILTY . Aged 20.— Transported for Seven Years.
MARY ANN WRIGHT . My husband is a bricklayer; we live in Wych-court. About two months ago I was in the service of Mr. Robert Perkins, who keeps the Rose and Crown public-house. On the 10th of July I brought my master a sovereign out of the skittle-ground, to change for some person there—he sent me down into the cellar—the prisoner is not the man from whom I had the sovereign—I saw the prisoner and his wife in the tap-room.
July, Wright giving me a sovereign to change, and take for a pint of porter—I asked her to go down into the cellar and get some corks, and said I would take the change—I took the change into the tap-room, and laid it before another person—he said it was not his—I then laid it before the prisoner, he took it up, and he and his wife ran away—my servant came up, and said the change was not for the tap-room, it was for the skittle-ground—I ran out, and found the prisoner's wife—she said she was very sorry, and that they were very poor—she was kept three days.
NOT GUILTY .
2428. MARY DAVIS was indicted for stealing, on the 7th of August, 1 blanket, value 3s.; and 3 spoons, value 2l. 3s.; the goods of George Hutchinson, her master; and that she had been before convicted of felony.
GEORGE HUTCHINSON . I live in Chapel-place, Cavendish-square. The prisoner was my servant for about three weeks—I missed the property stated—I applied to the police, and found the prisoner in custody—the spoon and blanket produced are mine.
Prisoner. I pawned them in hopes I should be able to redeem them.
GUILTY . Aged 38.— Transported for Fourteen Years.
(There was another indictment against the prisoner.)
JOHN MOORE . I keep a beer-shop, in John's-row. The prisoner was my pot-boy—I gave him the money stated on Monday last, about twelve o'clock, to give change to persons who wanted it—he went out, and did not return—a gentleman where he left the tray came to me—I went, on Monday evening, to Sadler's Wells theatre, and found him there.
JOHN RUSSELL (police-constable G 165.) I found the prisoner at the theatre—I told him I wanted him for robbing his master of some money and beer—when he came in the presence of his master, he begged forgiveness, and said he would not do so any more.
Prisoner. My master sent me to get some customers—I got to Nelson-street, and a lady asked me to give her change for half-a-crown—I felt in my pocket, and I had lost three fourpenny pieces—I did not like to go back, thinking my master would be angry—I left the tray in a baker's-shop, and went to the theatre.
GUILTY . Aged 14.—Recommended to mercy by the Jury and Prosecutor.— Transported for Seven Years.—Convict Ship.
SAMUEL MORGAN LEWIS . I am a hosier and glover. The prisoner lived with me for nine months—he was occasionally behind my counter, and at other times had to carry out goods—I missed things from the shop, and questioned him about several things that had been missed—I gave him in charge on Saturday, and on Sunday his box was searched by the policeman, and these braces and gloves found—they are mine, and were not taken with my consent.
Cross-examined by MR. PHILLIPS. Q. Are not gloves often left to be cleaned by persons who do not call for them? A. Yes, that happens in a great variety of instances—it is not unusual for persons in the shop to wear them—I have some that have been left three or four years—I have worn them myself—the prisoner was in the habit of buy ing things of me, and having a set-off for them in his wages—he gave me an account of them in writing—I was not very intimate with the prisoner—we were not accustomed to lend things to one another.
Q. Now consider, have you not? A. He lent me a coat once, which I returned the same evening—it was a coat to go to the Opera in—he brought it down, and it happened to fit me, and I put it on—I never lent him any thing that I am aware of.
WILLIAM WEST (police-constable F 106). When the prisoner was brought to the station, he asked if I "had searched his box—I said I had not—he said "You will find a pair of braces and two pairs of gloves, which ought to be down in master's day-book."
NOT GUILTY .
GUILTY . Aged 11.— Transported for Seven Years.—Parkhurst.
ANN MERCER . I am servant to Sir John Beresford, who lives in Harley-street, Cavendish-square. Between nine and ten o'clock in the morning of the fifth of September, the prisoner came and swept the kitchen chimney, the housekeeper's room, and another—the plate was in the housekeeper's room—it was all right before—a policeman came on Tuesday morning, to know if we had lost any plate—we counted it, and missed this spoon.
CHARLES WEBB (police-constable C 61.) On the night of the 6th I was on duty in Ox ford-street, and saw two girls fighting—I took them into custody—on the road to the station I heard one say to the other, "This is through the silver spoon your brother stole and gave you; you sold it at a shop in Oxford-street"—I then went to Darnell's, and found the spoon—I went to the prisoner, and asked where he was at work—he said, "At Harley-street"—that he went into the scullery for a necessary purpose, and took the spoon out of the gutter, at Sir John Beresford's.
(The prisoner received a good character.)
GUILTY . Aged 14.— Confined One Month, and Whipped.
JOHN BATES . I am waiter to James Stones, who keeps the Brecknock Arms, in the Camden-road—the prisoner came with two others, on the 14th of September—he called for some bread and cheese and a pot of half-and-half—there were three knives put on the table, one large one and two small ones—they staid about twenty minutes—when they were gone I missed the large knife—I suspected, and overtook them—they had got a quarter of a mile—I accused them of taking a large knife—they all denied it, and gave me leave to search them—I searched the prisoner, and in his breeches-pocket I found this knife—I am sure he denied having it—he was not sober.
Prisoner. Q. Did I ask you to search me? A. Yes, you said you were not aware you had got it, if you had, it must be about your person.
Prisoner's Defence. I was not aware I had it—I was three parts in liquor—I had been drinking all the morning.
NOT GUILTY .
GUILTY . Aged 14.— Transported for Seven Years.
JOHN HOWELL . I am a carpenter. On the 31st of August I fell in with the prisoner, in a public-house at Knightsbridge—she asked me to treat her, and I did so—I came out of the public-house before her—she followed me across the street—I stood to talk to her about a minute, and then I felt her put her hand into my waistcoat-pocket, and take out a half-sovereign and six shillings—I accused her of robbing me—she denied it very strongly, and told me to search my pockets, which I did, and while I was searching another woman came up—I detained the prisoner till I got the policeman.
Cross-examined by MR. DOANE. Q. When was this? A. About twenty minutes past twelve o'clock at night;—I was coming from my club—I had drunk but little—I did not walk with her to Lowndes-square.
WILLIAM CORNISH (police-constable B 35.) I met the prosecutor—he had the prisoner and another woman, whom he gave into custody, for robbing him of 16s.—I took them to the station—I found on the prisoner 2s. 4 1/2 d.—she said she had only got 6d.
GUILTY . Aged 27.— Confined Three Months.
SOPHIA PRICE . I am single, and live in Duke-street. The prisoner came to lodge with me the latter end of May, or beginning of June—she had one bed-room. On the 7th of June I missed my umbrella from the front room—I asked the prisoner if she had taken it—she said, "Yes," but it had
been taken from her in a mysterious manner, to disgrace her in a foreign land, by a man who called himself her husband—I found it in pawn.
Cross-examined by MR. DOANE. Q. Is your mother living with yon? A. Yes—the umbrella is not hers—it was mine—I never saw the duplicate of this umbrella on the mantel-piece—the prisoner said she was in distress, and I helped her.
MARY ANN CARVER . I keep a tobacconist's shop, in Drury-lane. I know the prisoner—I kept her for a week, out of charity, and when she left she left some duplicates with me, and among them was one for this umbrella.
GUILTY . Aged 40.—Recommended to mercy.— Confined Seven Days.
2437. PHILIP HART was indicted for stealing, on the 3rd of September, 1 flannel shirt, value 3s.; 1 watch, value 4l.; 1 watch-chain, value 7s.; 1 seal, value 5s.; 1 ring, value 3s.; 1 whistle, value 2s.; I watch-key, value 1s.; 1 pair of breeches, value 15s.; 1 jacket, value 12s.; and 1 waistcoat, value 8s.; the goods of Thomas Webb.
THOMAS WEBB . I live at the Sugar Loaf public-house, in Church-street, Mile-end New-town—I have one room there. The prisoner lodged in the next room to me—I had a box at the foot of my bed—I missed from it, on the 7th of September, a new waistcoat and a flannel shirt—I then missed a jacket and pair of breeches, my watch, and other things.
Cross-examined by MR. PAYNE. Q. How long was he in the shop? A. I cannot say—I did not take in the pledge—I was serving another customer.
THOMAS WOLSTENHOLME . I am a pawnbroker. I have a watck, pawned by the prisoner, on the 8th of September, for 4s.—on the next evening he came again, and requested 2s. more on it, which I let him have—I have known him many years.
Cross-examined. Q. Has he not always borne a good character? A. I never heard to the contrary—the watch is worth about 15s.
GEORGE KING (police-constable H 111.) On the morning of the 10th of September I went to the prisoner's lodgings—he was in bed—his landlord went and awoke him—while he was dressing my brother officer saw a parcel in his hat—he took out the parcel, and found the duplicates of the watch and shirt, with a quantity of plate broken up—he declined saying any thing, and talked about bringing an action against us.
Cross-examined. Q. What is the watch worth? A. Four guineas I gave for it—I had a key of my room, but did not lock it, nor did I lock the box—my watch had a silver chain to it, which is not on it now.
(Alexander Coleman, Israel Cohen, Samuel Isaacs, Phillip Raphael, Joseph Witney, Lewis Nathan, and Joseph Hart, gave the prisoner a good character.)
GUILTY .† Aged 21.— Transported for Seven Years.
OLD COURT.—Friday, September 25th, 1841.
Third Jury, before Mr. Sergeant Arabin.
GUILTY .—Recommended to mercy.— Confined Three Months.
2439. ALEXANDER MUNRO was indicted for burglariously breaking and entering the dwelling-house of the Guardians of the Poor of the Parish of St. George in the East, about the hour of twelve in the night of the 14th of September, with intent to steal, and stealing therein, 5 table-cloths, value 5s.; and 5 weights, value 4s. 6d.; their goods.—2nd COUNT, stating it to be the dwelling-house of Charles John King:—and that he had been before convicted of felony.
MR. CLARKSON conducted the Prosecution.
CHARLES JOHN KING . I am master of the workhouse of the parish of St. George in the East—I live and sleep in the workhouse. On Wednesday morning, the 15th of September, between seven and eight o'clock, in consequence of a report made to me, I went to the men's dining-room, and missed five table-cloths and five weights—the prisoner was formerly in the house, and had left a few days previous—I found the room in a filthy condition—I found a window broken next to the fastening, which was not so over night, to the best of my knowledge—a person could get over the front railings, and then obtain access to the house—I have examined these pieces of table-cloth produced—they form the greater part of one of the five I lost—here is the workhouse mark on one of the pieces.
ELIZABETH ANN FITCH . I am servant to Mrs. Wolf, a lodging-house keeper, of Essex-street, Whitechapel. On Wednesday morning, the 15th of September, the prisoner came to my mistress's house and offered a table-cloth for sale—it was quite whole—my mistress purchased it of him for 4d.—I took the money to the prisoner, and he staid in the house the greater part of the day, and slept there that night—he did not sleep there the night before—my mistress cut the table-cloth in pieces, as it is now—I afterwards delivered the pieces to the officer.
THOMAS OVERTON . I am beadle of the parish of St. George. In consequence of information I received, I went to Mrs. Wolfs, and received these six pieces of table-cloth—one piece bears the mark of the workhouse—I took the prisoner into custody, and asked where Brand was, who I suspected was concerned with him—he said he had not seen him since the Sunday previous—I told him I suspected him of the robbery as well as him—he said, "No, by G—it was not, and he never split on his pal," or something to that effect—he said he should come away from the Thames Police and laugh at Mr. King, the same as he did the Monday before—I said nothing to him about the time at which this was done, nor did he to me—this towel is the property of the parish.
ROBERT HARWOOD VALENTINE . I am an inspector of the K division. On going through the passage of the Thames Police Court on the morning of the 17th of September, the prisoner was locked up in one of the cells—he called to me and asked if I would give him anything to eat—I said he would
have some by and bye—he said, "I am charged with burglariously breaking and entering the house, but that is wrong, for the windows were left open"—I said, "How do you know that?"—he said, "I saw them open at nine o'clock at night, as I was waiting to see Mr. Rook, the relieving officer"—that was all that passed.
GUILTY of Housebreaking and the previous Conviction; but not of the Burglary.—Aged 32.— Transported for Fifteen Years.
Before Mr. Justice Maule.
2440. JOHN JOHNSON and EDWARD JONES were indicted for burglariously breaking and entering the dwelling-house of Joseph Drake, at St. Pancras, about ten o'clock in the night of the 29th of August, with intent to steal, and stealing therein, 18 spoons, value 9l. 15s.; 1 pair of sugar-tongs, value 10s.; and 1 basket, value 6d.; his goods.
MR. CLARKSON conducted the Prosecution.
WILLIAM AGGS . I am a police-inspector of the S division. On Saturday morning, the 28th of August, in consequence of receiving information, I took steps to apprehend the prisoners, and placed three policemen in Mr. Drake's house, 14, Camden Villas—on the Sunday afternoon, I saw the prisoners together, about three hundred yards from Mr. Drake's house—I think I had seen Johnson before, but I am not positive—I saw them again about half-past nine o'clock that evening in a beer-shop, about the same distance from Mr. Drake's house—I saw them go towards Mr. Drake's house—about half-past nine I found them in custody at the prosecutor's house, and they were taken to the station.
Cross-examined by MR. PAYNE. Q. I suppose Cole was the person that gave you the information? A. He was not, in the first instance.
WILLIAM PORTER (police-sergeant S 5.) Between eight and nine o'clock on Sunday evening, the 29th of August, I went with two other policemen to the prosecutor's house—Wakeham was placed in a coal-hole, and I in a water-closet adjoining the kitchen—Mason, the other policeman, was up stairs at the end of the landing—in about ten minutes or a quarter of an hour we heard some one enter the kitchen from without, by the yard door—we heard two persons, I think, come in, and go up stairs—I went up after them, and when I got to the top of the landing, opposite the parlour door, I found Johnson—he was not doing any thing, both his hands were before him, as far as I recollect, with his back towards me—he turned round directly and faced me—I asked what he did there—he said he came to see a friend—he directly put his left hand behind him—at that moment Mason came up and caught hold of his hand—he had a jemmy in his hand at the time, pulling it out of his pocket—Mason took it from him—this is it now produced—he was handcuffed, and placed in one of the parlours with the constable—I then went and hid myself in the same place again, and about ten minutes afterwards I heard some one else come into the kitchen from without, and go up stairs—I followed Wakeham and we
went up stairs together, and apprehended Jones on the second landing—I did not see what he had—before either of the persons entered the kitchen, I heard the latch lifted up, on both occasions—I afterwards searched Johnson, and found on him some lucifer matches, a box, a duplicate, and a half-crown.
Cross-examined. Q. How near is the water-closet to the kitchen door? A. A very short distance—a passage turns round from the right, and the water-closet is at the end of the passage—I came out after hearing the first person go up stairs—Cole was one of the persons that came in—he was in the kitchen—at the time Wakeham and I took Jones into custody, Johnson was handcuffed and in custody, and had been so at least for ten minutes—I know it was past nine o'clock when I first heard the door open, because we heard the Camden-town clock strike, and others too.
RICHARD WAKEHAM (police-constable S 219.) On Saturday night I was placed in Mr. Drake's house—on Sunday night I was in the coal-cellar—after Johnson was taken into custody I went back to the coal-cellar again, and in a few minutes I heard some one come into the kitchen, pass through the passage, and go up the stairs—he must have gone through the kitchen to have got there—I followed him up stairs, and, about two or three steps from the top of the second flight of stairs, I saw Jones with this basket in his hand, containing the plate now' produced) and which is that stated in the indictment—when he saw me coming, he ran into the bed-room—I followed him, and be dropped the basket in the bed-room, by the side of the bed—I picked it up, caught him by the collar, and said, "What business have you here?"—he said, "I have come to see a young friend in the house"—he then began fighting, and used his utmost endeavours to get loose, but I held him fast till a candle was brought—I took him into custody.
Cross-examined. Q. Was it not in the scuffle that the basket of plate was upset and fell about? A. Yes, it was in his trying to get away from me—he was within a few steps of the top of the second flight of stairs when I first saw him with the plate-basket in his hand—the coal-cellar is in the back part of the house, adjoining the back kitchen, two flights below where I saw the prisoner, below the street—I positively swear I saw the plate-basket in Jones's hand—I did not see him in any room but the bed-room, which I followed him into—I do not recollect seeing the plate-basket before—it was not in the coal-cellar with me—I did not see in what room it was—I saw him with it in his hand, almost at the top of the stairs I saw him pass along the landing, and go into the bed-room with it—Cole was not near at the time—I do not know where he was—I do not recollect seeing him there at all at the time—not after the prisoner came in—I do not know where he was when I went up the stairs—I did not see him till we went to the station—I came down again immediately we had hand-cuffed Johnson—I saw Mason, Porter, and the prisoner Johnson, on the first landing, but not Cole—I did not look for him—I followed Jones.
MR. CLARKSON. Q. Had you seen Johnson secured before Jones came in? A. Yes—I did not see the plate at all till I saw it in Jones's hand.
RICHARD MASON (police-constable S 169.) I produce a crowbar which I took from Johnson's pocket—after he was secured I placed myself in a back room on the first floor—I had been there a short time, when I heard some parties coming up stairs—I heard something like the sound of
plate rattling—I was called out, and saw the prisoner Jones, Porter, and Wakeham, scrambling on the stairs—he was endeavouring to escape from them—I saw the basket of plate.
Cross-examined. Q. Who had it? A. Wakeham had it in his hand.
SUSANNAH SPENCER . On the night of the 29th of August I was in the service of Mr. Drake, of No. 14, Camden Villas—I was in the house that night—Mr. Drake was in the country at the time—his Christian name is Joseph—this basket of plate is his property—on the night of the 29th of August this basket was on the screen, where it is usually kept, in the kitchen—I saw it there about half-past eight o'clock—I was in one of the back bed-rooms at the time the prisoners came in, placed there to be out of the way of the men—I cannot say what the plate is worth.
Cross-examined. Q. Was the plate in the basket at half-past eight o'clock? A. It was—there was nothing covered over it.
GEORGE COLE . On the 29th of August I was groom to Mr. Drake—I had been so between three and four months—I know the two prisoners—I became acquainted with Jones first on the Thursday afternoon before the Sunday when they came into the house—I met him between three and four o'clock, in the street, near the Eagle Tavern, Camden-town, when we spoke merely on the heat of the weather and the bad state of trade, and he said he would not blame any body that would rob another these hard times—he asked me to go and have something to drink—I refused—he sadly pressed me to go and have some—I would not—he asked me when my master kept his plate—I said, in an iron chest—he then said, if I would let him into the house he would give me 500l., and send me abroad, where I could set up shop—I said I did not know—he asked any night he should meet me—I said I would meet him on the Saturday night, which I did, and not before.
Q. Between the Thursday, when you made this acquaintance with him, and this Saturday night, did you see the police? A. Yes, I went over the way, and told the policeman of it, five minutes after this conversation occurred—I had gone to get some beer for the servant, and had the porter in my hand at the time I told him of it—I received directions from the police how to act—in consequence of those directions, I went to meet Jones on the Saturday—I did meet him at the Prince George public-house, in Albany-street, Regent's-park, at nine o'clock at night—he asked me whether it was all right, and asked me to have something to drink—we had some ale—he went into the tap-room to see if we could go in there, there were people there—he said we had better not go in there, and we walked about—he said he had better come in on Sunday night at nine o'clock, because the police went off duty then—he asked me about the servants, and said I had better get them away—I said I would—we went to several public-houses, and had some ale, for which Jones paid—he said we should meet again at nine on the Sunday night, at the Robin Hood beer-shop, because it was a lonely place—I left him about ten on Saturday night at the Britannia public-house in Camden-town—about eight on the Sunday evening I met Jones accidentally in Brecknock-crescent—he asked whether it was all right—I said yes—he said he saw me talking to the policeman about an hour on the Sunday morning—I told him he was a relation of mine, and that passed off well—he was not a relation of mine, but I told Jones so, as I wished him to be caught—we walked about, and saw the prisoner Johnson leaning against some palings opposite the Eagle
—I had never seen him before—I went along with Jones to him, he shook hands with me, and asked us to go and have something to drink, and then he told me about a robbery in Yorkshire—we went to the Robin Hood and had some ale—Johnson said I had better go and see if I could get the I servants out of the way—I went and saw Wakeham as I was going, just before I got to the house—I saw that the police were there, and went back to the Robin Hood—Johnson was there, and Jones had gone for a cab—Johnson and I walked round Camden-town, and waited against the Britannia for Jones—Jones came up to us with a cab, and said the cab was on the stand, hut the cab-man had gone along with the bar-maid—we then all three walked back to the Robin Hood, and had some ale again there—we then went to the house—I went with one at a time—I took Johnson first—Jones said he would go and get the cab ready to take away the booty—we went in the back way—we went into the stable-yard first—I lifted the latch of the stable-yard door, opened it, and Johnson went in—there was another little gate between us and the garden—I opened that, and he went in, and I afterwards—I then opened the kitchen-door, and he went in first—I followed him—he told me to shut the door, and I did—he went into the back kitchen, and said he would go up stairs and get open the iron chest, and as he went up stairs he was taken by the police—I went back into the kitchen out of the way—after that I went back to the end of the row of houses, and then saw Jones—he came running up, and said he had left the cab at the Eagle—he accompanied me back to the house, and went in the same way—I opened the kitchen door, let him in, and then followed him—he took up the plate-basket that was on the screen, and took it up stairs—after that I found he was in custody.
Cross-examined. Q. You told the policeman on the Thursday night the proposition which had been made to you? A. Yes, and acted under the instructions of the police all the way through—I consulted with them from time to time—I told the prisoners I could not get the servants out till a little before nine o'clock—that was just after I met Wakeham—I said so because the police were not all in the house—I did not have the plate-basket in my hand at all—on my oath I never touched it—Jones went up stairs with it in his hand—I followed him about half way up, and when I saw the police there, I went back again into the kitchen.
MR. CLARKSON. Q. The policeman was above stairs? A. Yes—I saw that all was right, and came away.
(Mary Rees, wife of a commercial traveller, 30, Spencer-street, Northampton-square; and John Cambers, baker, Norfolk-street, Somers-town, gave Jones a good character.)
JONES— GUILTY of stealing in a dwelling-house above 5l. Aged 18.
Transported for Ten Years.
JOHNSON— NOT GUILTY .
Before Mr. Baron Rolfe.
2441. WILLIAM SHARP was indicted for burglariously breaking and entering the dwelling-house of Henry Rawlins Johnson Verchild, about nine o'clock in the night of the 3rd of September, at St. Margaret, Westminster, with intent to steal, and stealing therein 2 rings, value 8s.; 1 brooch, value 5s.; 1 neck-chain, value 4s.; 1 locket, value 10s.; 1 steal, value 1s.; and 2 necklaces, value 12s.; the goods of Frances Hill Verchild.
HENRY RAWLINS JOHNSON VERCHILD . I am a law-agent, and live at No. 12, Hill-street, Brompton, in the parish of St. Margaret, Westminster—my two sisters live in the house with me. On Friday night, the 3rd of September, about half-past nine o'clock, one of my sisters was ill in bed, in the second-floor front room—about that time I heard a loud call from her room—I was in the parlour on the ground-floor—I ran up stairs and found her bed-room door open—she gave me information, in consequence of which I searched her room and the next one, which is the hack room—in the back room I found the table drawer open, and also one of the top drawers of a chest of drawers—the things in the drawer appeared in confusion—I went up into the attic, found the window open, and a table placed under it—there was some wet foot marks on the table and a short piece of tallow candle, which appeared as if it had been trod upon—I went down and got the assistance of a policeman, who came up stairs with me—he got out of the attic window and went along the leads—I waited a minute or two, and heard him springing his rattle—I ran down into the street and found several persons collected round the end house in the street, which was unfinished—I saw two men get over the front door of that house into the street—I then went back to my house to get a light, and in a few minutes I saw the prisoner brought out in custody of the police from the unfinished house, which is six houses from mine.
Cross-examined by MR. DOANE. Q. Do you know whether the window was open before? A. I do not—I was not there after five o'clock—the table was not in its usual place—it generally stands at the side of the window, not where I found it.
FRANCES HILL VERCHILD . I am the prosecutor's sister, and live with him. On the 3rd of September, about half-past nine o'clock in the evening, I was in the parlour and heard my sister up stairs cry out—I immediately went up to her room—she told me something—I went into the back room, which is my room, found my dressing-table drawer open, and missed a box from it, containing a gold brooch, two gold rings, one and amethyst, and a diamond slide, and from the dressing-table I missed a coral necklace—I also found one drawer of a chest of drawers open, and missed from it a metal chain with a seal attached to it, and a glass locket set round with emeralds and pearls, and also a blue glass necklace—I had seen all these things the afternoon before—inside a drawer of the chest I saw two drops of tallow, and on the floor near the drawers, I found a lucifer-match which had been ignited, and a piece of greasy paper, and on the carpet was some snuff of a candle—I saw the clothes in the drawer all pushed to the back of the drawer—I had seen all the drawers shut between seven and eight that evening, but not locked—I saw the marks of a chisel or screw-driver on two of the drawers which had been attempted to be forced—one drawer was locked, and had the mark of a chisel or something, but it had not succeeded, and another drawer which was not locked had marks of a chisel on it—I saw the marks on those drawers compared with a chisel produced by a policeman next morning, and they corresponded exactly—I had closed the attic window between five and six that evening—there is a screw to fasten it, but I did not put that in, I merely closed it.
Cross-examined. Q. Does any body sleep in the attic? A. Yes, the servant—she is not here—the things in the drawer seemed tumbled—a
person coining in at the attic window could not easily step on the table where I had seen it before—it was moved from there.
THOMAS HILL . I am a policeman. About half-past nine o'clock on the evening of the 3rd of September I was called by the prosecutor—I went to the attic, found the window open, and a table just in front—I observed a wet mark on the table and on the window-cill—I heard a noise of somebody on the roof, and went out on the leads—it was dark—I followed the noise till I came to No. 18, the unfinished house; and just as I got to the attic window there, I observed a wet foot-mark on the window-cill—I looked into the window, and heard somebody pitch from the attic floor into the second floor—there was no staircase—I called out over into the street for assistance, and to bring me a light, and to look out at the bottom—the witness Cox brought me up a light—I could not get down from the attic to the second floor without Cox's assistance—I turned round into the front room, second floor, and saw the prisoner standing in the corner, quite up-right—I took him, and asked what he was there for—he gave me no answer—I observed his shoes—they were quite wet—it had been a very heavy rain that evening previous to that—there were some shavings near where he stood—I did not examine them that night, but next morning I went, in company with the sergeant, examined them, and found the property which was lost, and which I now produce, just covered over with shavings, where he had been standing.
THOMAS TRINGHAM . I am a police-sergeant. I went on the morning of the 4th, just after day-light, and found the property, and this screw-driver with it—I compared it with the drawer, and it fitted exactly—I took one of the prisoner's boots off, compared it with the foot-marks at the back of the unfinished house, and they corresponded.
Cross-examined. Q. It was a garden, I suppose, behind the empty house? A. It was intended for a garden—it was wet clay, and there were marks on the boot corresponding with the clay—there was a chisel-mark on two drawers.
THOMAS COX . On the night of the 3rd of September the policeman called out for a light and help—I got a ladder, got up to the unfinished house with a light, and helped the policeman down from the attic—I found the prisoner in the corner of the front room.
MISS VERCHILD re-examined. These are the articles I lost.
(The prisoner received a good character.)
GUILTY of Stealing only. Aged 30.— Confined Eighteen Months.
Before Mr. Justice Maule.
2442. BENJAMIN KINGWELL was indicted for unlawfully, maliciously, and feloniously assaulting Eliza Kingwell, on the 8th of September, and cutting and wounding her, with intent feloniously, wilfully, and of his malice aforethought, to kill and murder her.—2nd COUNT, stating his intent to be to maim and disable her.—3rd COUNT, to do her some grievous bodily harm.
ELIZA KINGWELL . I am the prisoner's wife. I have been married to him ten years—I do not live with him—we have been separated since last April—I have one child, nine years old, who lives with me, at No. 50, Limehouse Causeway. On Tuesday, the 7th of September, I was in Oak-lane, with the child, and saw the prisoner coming up the lane—I said, "Mary Ann, here is your father coming up the lane, go and kiss him,"
which she did, and he took and stabbed me in the back with a knife—I ran into the house of a person named Butcher—the prisoner passed the door rapidly, and said something about another day—the door was shut, but the window was partly open—I could not tell exactly what he said—it was something about another day—I cannot remember any thing more—I have been examined before the Justice—I cannot swear that he said any thing more than "Another day," and he did not value his life—I did not distinctly hear the words, but he said something about his life—it was something of that kind—next morning, at near seven o'clock, I was lying in bed, in the parlour, at No. 5, Oak-lane, where I then lived—he came to the window, which was closed, opened it, and came in—I did not see any thing in his hand till he came to the bed-side—I then saw a putty-knife in his hand—he is a glazier—he stuck me with the knife—I said, "For God's sake, Kingwell, don't murder me"—that was after he stuck me—he said, "It is your life I want"—he stabbed at me several times—he stabbed me—I warded off the blows with my arm—when he came towards me first the child put her arm over me, and the stab, instead of touching me cut the child in the band—I held the bed-clothes up to defend me from the blows—he did not pull them off—he leaned with one hand on the bed, and the other he stabbed me with—he stabbed me on the arm as I defended myself, and I got a slight scar on my breast, I cannot tell how—I do not think the stab came through the clothes—I think it must have been done before I took the clothes up—I got about four cuts altogether, one on my breast, one on my hand, and two on my arm—those on my arm and hand bled a great deal—my breast bled a trifle, not much—Mrs. Haydon was with me—she had been sleeping with me—she ran out, and got the landlord of the house—became in, and stood at the door—my husband got out of the window—there was a small quantity of blood on the window-cill—I think it came from my hand, as I had got out of bed, and gone to the window and looked out, at the time he escaped—it was while Mrs. Haydon was gone for the landlord that he stabbed me—the wounds were nothing to speak of.
CAROLINE HAYDON . I am a friend of the prosecutrix. I was sent for in the evening to come down to her—I went with my husband, who gave me permission to stay the night with her—on Wednesday morning I opened the window shutters to dress myself, about seven o'clock, and the prisoner came in at the window, and as he came in he fell over a chair—when he got up he took a knife from his pocket and said, "I will do for you"—I made away to the door, and while I was unlocking the door, he threw himself across the bed and stabbed the child—I went out for assistance, and brought the landlord—I heard the prosecutrix say, "Good God, Kingwell, don't murder me"—I came back with the landlord, and the prisoner was in the act of jumping out of the window—I did not stay to see Mrs. Kingwell—I saw some blood on the bed clothes.
Prisoner. Q. Did not you, on a former occasion, swear that I entered the room with a knife in my hand? A. No, I did not—he took it from his left-hand waistcoat pocket.
who rents a room in my house, and takes in washing. On the morning of the 8th of September I was called, and saw the prisoner with a knife, in his hand—he turned the point towards me, and sprung out of the window—it looked like a putty knife—I saw about two inches of the top of it—I stepped forward and saw Mr. Kingwell in bed with the little girl—the child's hand was bleeding—Mrs. Kingwell said, "Look here, he has stabbed me"—I saw several scars on her breast—I went to the window and saw the prisoner again, about twenty yards off—he said, "That was a reward for her work or labour," or something, and away he ran—I thought he meant something she had done amiss—she had several wounds on her breast—they were bleeding, and she had one or two on her arms.
ROBERT HEELIS . I am a surgeon. On Wednesday, the 8th of September, about nine o'clock in the morning, the prosecutrix was brought to my house—I found two cuts on her arm, and one on the hand—I did not find any on the chest that day—I was told there was one, which was so trifling it did not require dressing, and I did not look at it that day, but a few days afterwards I did, as she was brought to me by the policeman—I examined her left breast—it was a very slight wound—it might have been made on the Wednesday—the wounds were such as I think she would receive in defending herself—they were not deep.
(The prisoner in a long defence complained of a series of provocations on the part of his wife, stating that having joined a ship for the purpose of going to sea, she induced him to desert, and in less than a week gave him up as a deserter; that she then eloped to London, whither he followed her, having obtained leave of absence; that after some days he found her at a relation's at Lambeth-Hill; that she refused to tell him where she lived, but took him to a brothel in Russell-court, Drury-lane, which he in vain endeavoured to prevail upon her to leave; that he afterwards met her in the Commercial-road in company with a man of colour, and afterwards with a man she cohabited with, dragging part of his (the prisoner's) furniture through the street; that she struck him over the head with a cane, and the police took her in charge; that he afterwards obtained her release, found out her residence, went to her there, and requested her to give him a portion of his furniture, when she made a blow at him with a poker, which had he not warded off with his arm, would have broken his skull; that some time after she brought the child from Davenport, where it had been left under the care of her father, and repeatedly passed by his window saying, "I have got her—I have got her. Do you see her?" and endeavouring to excite him, knowing his attachment to the child; that being distracted at her having the child, knowing it would be taken to improper places, he went in search of her, and met her in Oak-lane, and in the struggle to get the child from her, what she had stated occurred. That he had not quitted her five minutes before he met the man she cohabited with, who used most aggravating terms, which convinced him he was still living with her; that they had a struggle, and the man escaped. That on the morning in question, in passing the house, seeing the window open, and suspecting from what had passed the previous evening that the man was in the room, he leaped in at the window,
and from her conduct was induced to commit the deed, but he had no intention of hurting the child, he only went to observe whether the man was in the room.)
ELIZA KINGWELL re-examined. The greatest part of what he states is not true—I did not give information to have him taken as a deserter—I can bring a person to prove who did do it—I am not living with another man, and have not been—he says I was in company with this man on Tuesday night, which is false—I never saw him for some months—I did go with the prisoner to Russell-court, but it was to a respectable place, friend of mine—I would not tell him where I lived, because his ill usage was more than I could bear—Nathan was the name of my friend in Russell-court—that was not her proper name—she has gone away—her husband is a traveller, and went about with jewellery and things—she did not let lodgings—I think it was No. 2—she now lives in York-street, Commercial-road, but in what name I cannot tell.
Prisoner. The person she was in company with, Mrs. Hudson, is a common street-walker. Witness. The person he complains of was not that character until lately, and then I dropped her company—it wat unknown to me at the time—I have not spoken to her since the time he speaks of—her husband is captain of a merchant-ship—when I first met the prisoner I went to Lambeth-hill, to Mrs. Teasdale's, his brother's wife, he struck me a blow on the temple, and hurt me very much, and tried to strangle me, in the presence of Mrs. Teasdale—I remember his finding a person in the street with a box—he was an acquaintance of my husband's—I had been intimate with him last summer—I had not cohabited with him—I had sold off my furniture, and had got my clothes—I asked this man to take my box to Oak-lane, to save me the expense of hiring a porter—there were a great many duplicates in the box of clothes I had worked for while the prisoner was at sea—told he took great part of my clothes away as well.
Prisoner. She has a certificate in her possession of my good conduct for ten years at sea, and I have a letter in her own hand, which she sent to me in prison—what I said about another day was in reference to taking the child away.
ELIZA KINGWELL re-examined. This letter is my handwriting, I wrote it to my husband at the commencement of last week, as I did not wish to press the charge against him—(letter read)—" Limehouse-causeway. Dear Kingwell, I thought, by not appearing yesterday, it would have been much better for you. The police found me out, and took me before Mr. May, the inspector at Poplar, last night; and I was obliged to promise to attend on next Tuesday, otherwise I should have been detained until the time: and my dear Kingwell, if I do not attend, you will only be remanded until I do come forward. And after Tuesday, should you be sent for trial, deposed on it that I will raise the money, and get a counsellor for you, so that nothing shall be left undone for you; and I can vary in my statement, which will make it appear very black on my side. Do not screen me, but say my thing in your defence that will make it favourable to yourself. I hope my dear Kingwell, I hope you will endeavour to bear this trial with fortitude; it is all for wise ends, depend on it; and it may be the means of making us happier than ever we have been. I wish you to write to your sister, and persuade her, if she is your friend, to hold her tongue, down
at the office; for yesterday, again, although I was not there, she told several of the police, that she was sorry you had not (part obliterated) and she was convinced it was your intention to do so, come out when you would; and now the police are determined to take it up next Tuesday; and under these circumstances, my dear Kingwell, we are glad to catch hold of any thing;—not that I care any thing about it, but I am afraid it mil make it worse for you. If she had not abused me on Saturday last, I should not have appeared against you; but it was galling to be called and re-called, by one that I had been a friend to, when she could not help herself; and all because I would not deny that circumstance. Now will be the time to try your friends; you will soon know who are your friends and who are not. I should be most happy if I could find any friend that would do me justice, with regard of the lies that have been told, or even a brother, that would take my part like you do hers. My dear Kingwell, you cannot be blind; you certainly must know that it is spite; and when a husband once speaks disrespectful of his wife, all the world is at once her enemy; and is it possible that a sister is nearer than a wife? even if it was the case, that will not deter me from doing all that lays in my power, for you to get your freedom again. I hope you will destroy this, and write often to me at 50, Limehouse-causeway. I still remain, dear Kingwell, yours affectionately, E. KINGWELL."
GUILTY of a common Assault.— Confined Fourteen Days.
Before Mr. Baron Rolfe.
MR. CLARKSON conducted the Prosecution.
WILLIAM BARBER . I am in the service of William Monk, a horse-slaughterer, in North-street, Whitechapel; I live in the Cambridge-road. On Saturday, the 28th of August, about half-past seven o'clock, the prisoner came to Monk's-place, and said he had a pony, which, by the wish of his father, was to be destroyed, it having done an injury to his sister—he said it had thrown her while she was riding, and dislocated her hip—he said the pony was on Hackney-downs, and asked me to go with him—I went with him, by Monk's direction—it is about two miles from Cambridge-road—he pointed out the pony to me, and my man brought it away by his directions—he was in a chaise-cart with roe—it was not a valuable pony—I gave him 23s. for it, he asked me 25s.—it was brought to my master's place that night, and left there, and he was to come between five and six o'clock on Monday morning, to sec it destroyed, but he never came—I met him about five o'clock the same afternoon, at the Sir John Barley-corn public-house, and gave him into custody—the prosecutor had claimed the pony on Monday morning—when I saw the prisoner in the afternoon, I asked him why he did not come according to appointment, to see the pony slaughtered—he said he rose early, but he was detained—I said "The pony you have sold me is stolen, and you must be detained"—he said, "Don't drag me through the streets," and offered to go quietly—I gave him to Patten—the pony was delivered to Ward—I had paid the prisoner for it.
on Hackney-downs—it is worth 3l. to me—I went on Sunday morning, the 29th, to look for it, and it was gone—on the 30th I found it at Monk's slaughter-house, along with some more, to be slaughtered—I am certain it was mine—I never gave the prisoner authority to take it, and never saw him till he was in custody.
CHARLES PATTEN (police-constable K 206.) Barber gave the prisoner into my custody on Monday, the 30th of August, between five and six o'clock in the evening, on suspicion of stealing a black mare pony—the prisoner said nothing at that time, but on the way to the station he said it was his first offence, he was very sorry for it, and hoped he should get over it.
Prisoner's Defence. I heard my father say he was going to kill his horse, and there was not much difference between this and his, which was grazing at the same place. I said nothing to my father, but I intended to sell his pony, and make him a present of a better one.
GUILTY . Aged 20.— Confined Six Months.
Before Mr. Justice Maule.
GUILTY .— Fined One Shilling, and Discharged.
WILLIAM BOUSFIELD PAGE . I am a medical student. I was in attendance at the London Hospital on the 26th of August, a boy was brought in, I do not know his name—he had two penetrated wounds on the abdomen—they had been made by some hard substance—they were gun-shot wounds—one of them penetrated into the cavity of the abdomen—he died three days after—I examined the body, and found one wound commencing with the cavity of the abdomen—I cannot say whether the intestines were wounded—I did not take the trouble to examine—it was stated he hid been shot—nobody examined the intestines—the death was caused, undoubtedly, by the wounds producing inflammation of the intestines—they might have been inflamed without being wounded, being connected with the external wound, it was sure to be the case—the bowels were generally inflamed, which a wound of the abdomen would cause.
WILLIAM BARRY . I am a policeman. On the 26th of August, abort twenty-five minutes to seven o'clock in the evening, I heard a shot in Went-worth-street—I was told something, and went to the prisoner's father's house—I saw the prisoner there, up stairs, and asked him where the boy was who had shot the other with a pistol—he said it was himself, hut it was not with a pistol, but with a small cannon—I asked him where the cannon was—he said, "I will give it to you"—he came down stairs, went into a room, and brought it out—(producing one between two and three inches long)—I asked him what it was loaded with—he said with powder and a piece of paper rammed in pretty tight—I went to a doctor's in High-street, Whitechapel, with him, and found the deceased there—he was wounded about the abdomen—his name was William Walker—I do not recolled whether the prisoner spoke to him—I asked Walker if he knew the prisoner before—he said he did not—the prisoner did not say that was not the boy he had wounded.
(The prisoner put in a written defence, stating that the cannon was only loaded with powder and paper, rammed tightly in, and that the boy had been shot quite accidentally.)
WILLIAM BOUSFIELD PAGE re-examined. I believe several persons came to the hospital, and were very attentive to the deceased while there—the name given at the time he came in was William Walker—I cannot say who brought him—we had no other case of the sort.
WILLIAM PARRY re-examined. My brother officer took him to the hospital—I saw him there twice—he was the same boy I had seen at the doctor's—I saw him the day the inquest was held, and also before he died.
NOT GUILTY .
Fourth Jury, before Mr. Common Sergeant.
2446. DENNIS RAGAN was indicted for burglariously "breaking and entering the dwelling-house of Patrick M'Cabe, About two in the night of the 26th of August, with intent to steal, arid stealing therein, 3 half-crowns, 16 shillings, 3 sixpences, 2 pence, and 4 halfpence, the monies of Timothy Bryan.
PATRICK M'CABE . I live at No. 11, School-house-lane, in the parish of Stepney; it is my dwelling-house; the prisoner worked for me four or five years. On the 26th of August, about eleven o'clock, I went to bed, and shut the house up safe—I got up a few' minutes before eight in the morning—the lodger was up before me—I went up stairs, and saw the mark of a foot without shoe or stocking, close to the box where the money was—it was in the room my lodger slept in—as soon as I saw the foot-mark I said if Ragan was a living man, that was his track—he was in the habit of wearing my shoes—I do not know his footmark, but it was very much like it.
Cross-examined by MR. PHILLIPS. Q. I believe a policeman was sent for? A. Yes—I said I suspected the prisoner—we went to a coffee-shop, where he said he lodged—the prisoner, the policeman, and I, did not sit down and drink together—in the day-time I sent my wife out for half-a-gallon of beer—the policeman, I, and the prisoner had a glass a-piece, to my recollection—that is all—I dare say somebody had it after us, I had only one glass—I have four lodgers, eight rooms, and a kitchen—I never knew a robbery committed in the house but once since I have rented it, which is five years—the prisoner was not searched in my presence—he gave himself up before I got a policeman.
TIMOTHY BRIAN . I live in M'Cabe's house. I had a chest in the house, which I saw safe the morning before—at nine o'clock on the 26th, it was safe then, and locked—I had been at work all night—I went out to work at six at night, and it was safe—I came home at six in the morning, and found the box broken, and the money stated gone—the prisoner used to sleep in the next room to me, but did not that night, nor the night before.
Cross-examined. Q. How many lodgers are there in the house? A. There are three families, consisting of a good many people—I have lodged there a year and a half—I heard there were 6s. taken from a woman there once—I was present when the policeman brought the prisoner into the room and searched his pockets—M'Cabe was present also—4d. was found on him.
August twelvemonth. I apprehended the prisoner, and asked if he knew any thing of the robbery—he said he did not—I asked whether he could account for his time since last night at ten o'clock up to the time I took him, which was about eleven—he said he could, that he slept at a coffee-shop at the top of "White Horse-street.
Q. Are you instructed to demand of men to account for their time? A. I thought it my duty—I took him to the coffee-shop, and asked the keeper, in his presence, if he slept there—he said he did not sleep there, but came in that morning, at half-past four o'clock, and asked if he could have a bed; he was told the beds were full, but two sailors were about to get up, and that he could go to bed, by paying 4d., and that he paid 4d., for the bed—I took him to M'Cabe's house, into the prosecutor's room—there were footmarks of a man on the floor—it was a boarded floor—it was mud marks of naked feet—I asked him to take off his boots—he did so, and when in the act of taking them off, his feet were muddy—he wiped his feet on his trowsers—I prevented that, and made him put his feet down on the heel, and the footmark exactly corresponded with the footmark near the box—he had no stockings on—I opened the window of the room, looked outside, and there were muddy footmarks on the rail outside—the nails in his boot exactly corresponded with the marks in that mud—I traced them down by that way, he had got down from the top of the house, down into the yard—there were foot-marks of somebody getting over up to the window, and inside, were marks without boots—there was some mud outside the window, which he could put his naked feet on before he got into the room—there is a gas manufactory next door, which would make a dust which washes down into mud.
Cross-examined. Q. Did you say a single syllable about mod before the Magistrate? A. Yes—I swore to it, and signed my name to it—what I said was read over to me—there was mention made of the mud marks in what was read—this is my handwriting—(The witness's deposition being read, stated, "There were marks of mud on the floor")—I searched him, in presence of the inspector, the acting inspector, and the prosecutor—I found 4d. on him, and a bit of twine—I produced the 4d., in M'Cabe's presence—while we were in M'Cabe's house, Mrs. M'Cabe went and fetched some beer, brought it in, and we all took a glass—I told them at the time I did not wish to have any—they offered it several times, and I drank—I should say it was against my orders to do so—I only saw one mug—it was not a quart pot—it was a brown earthenware mug—I only had one glass—I was sober.
DANIEL PAUL . I am a policeman. On the 26th, at a quarter before two o'clock in the morning, I saw the prisoner walking up and down Schoolhouse-lane, close to the prosecutor's—I asked what he did there—he made no answer, but walked away.
Cross-examined. Q. He could not have gone into the prosecutors without your seeing him? A. He did not go in then.
NOT GUILTY .
2447. MARY RYAN was indicted for feloniously breaking and entering the dwelling-house of David Jones, on the 7th of September, at St. Giles-in-the-Fields, and stealing therein, 2 watches, value 18l.; 1 neck-chain, value 5l.; 2 seals, value 10s.; and 1 watch-key, value 3s.; his goods.
Jones's shop, and heard a crash of glass—I turned round, and saw the prisoner, with her arm through the broken square—she seized hold of two or three watches, and turned from the window—I took hold of her, and one watch dropped on the pavement—the other she held in her hand by the chain—I took it from her hand, and took her into the shop—there was nobody with her—she appeared to have been drinking, but was not tipsy—Mr. Jones asked why she did it—she said, "Because I chose."
Prisoner. I was very much in liquor, and fell through the window; I picked one up in my hand; the chain was attached to the watch. Witness. She was walking away with it.
JAMES SMITH . I am shopman to David Jones, a pawnbroker, in High Holborn—it is his dwelling-house, and is in the parish of St. Giles-in-the-Fields. I heard the glass broken, and ran out—I saw Bowles holding the prisoner, with this watch in her hand—the other was picked up, and given to me—they are both Mr. Jones's—the window was broken, and several watches knocked down—Mr. Jones asked her what she broke the window for—she said, because she chose.
Prisoner's Defence. I had been drinking all the afternoon; I left my friends at the comer of Hoi born; I was going by Mr. Jones's window, and fell against it; I picked the watch up by the chain, and held it in my hand, when the gentleman came up.
(The prisoner received a good character.)
GUILTY .* Aged 20.— Confined One Year.
2448. SARAH JUDD was indicted for stealing, on the 10th of September, 1 buckle, value 1s.; 6 spoons, value 1l. 10s.; 1 pencil-case, value 1s.; 1 purse, value 6d.; 1 watch-guard, value 18d.; 8 pieces of silver, value 4s.; 13 waist-bands, value 1s.; 1 bat-band, value 2s.; 5 labels, value 3s.; 3 rings, value 15s.; 2 work-boxes, value 1s.; 6 sovereigns, 4 half-sovereigns, 10 shillings, 7 sixpences, and 3 groats; the property of Francis Hancock, in his dwelling-house.
MARY ANN HANCOCK . I am the wife of Francis Hancock, and live at No. 4, Thornhill-street, Islington—the prisoner lodged at our house. About five o'clock, on the 10th of September, I saw her come in with another female to go into her own apartment—I did not see her go in, but I heard her directly she had come in, go up to her own apartment—a few minutes after I saw the other female come down, and go out—I was afterwards crossing the passage, and saw the prisoner come out of my bed-room, and go into her own room, which joins it—I went up stairs to my bed-room, and missed two boxes out of a drawer—I found the door open, with a key in it, which I had left locked, and I missed these two boxes—I immediately went to the prisoner's door, pushed it open, and saw the boxes on her table—I asked what she was doing with them, or how she got them—she said she found them on the table—I called my husband—he called a policeman, and gave her into custody—the boxes contained the articles stated in the indictment, except the rings, which were taken out of another box in the same drawer—one of them was found on the prisoner's mother, and the duplicate of the other also.
Cross-examined by MR. PAYNE. Q. What time did you find the box in her room? A. At five o'clock in the evening—nobody lives in the house but the prisoner and ourselves and family, no servant—the boxes had not been opened, but some money was missing from them—when I
saw her come out of my room I went to it, and missed the boxes—I found them on her table—they seemed as if they had not been opened—she had been at the house only a few days—I had not seen the boxes since the morning she came to my house—I had not been to her room at all—I had seen my drawers shut about half-an-hour before—the boxes were not locked, but the drawers were—I did not try the drawer half-an-hour before, but it was shut, and the key was not in it—the key was kept in a drawer by the side of it—I had a recommendation about the prisoner before she came to my house—she came to me as single—I do not know that she is married—she told me she went out charing—she was only there two days.
JOHN CLARE . I am a policeman. I was sent for, and took the prisoner into custody—I found this property on the table in a room occupied by the prisoner—after searching the boxes, and finding they contained what the prosecutrix said, I asked the prisoner if she was aware what she was charged with—she said, "Yes, I will go with you; I wish I may get seven years."
Cross-examined. Q. Who was in the room at the time she made that most extraordinary declaration? A. I and the prosecutrix—I swear she said so.
MRS. HANCOCK re-examined. I heard this said, but I forgot to name it—I named it at Hatton-garden.
NOT GUILTY .
JOSEPH LANE . I live in Park-street, Knightsbridge. On the 6th of August the prisoner was at work in my cellar, where there was some sponge—four or five days afterwards I missed eleven pieces of sponge—this piece is mine, and I believe they are all mine.
Cross-examined by MR. PAYNE. Q. How do you know that particular one? A. By its make and size and shape.
Cross-examined. Q. What are you? A. I lived with a baker—I know the sponge by pieces being torn off—I gave it up to the prosecutor when he said it was stolen—I had it three or four days—I did not pay any thing for it.
MAURICE MULCAHAY . I am a policeman. On Saturday evening I apprehended the prisoner at Knightsbridge—I said, "I want you; I suppose you know what for?"—he said, "I suppose for the sponge?"—I said, "Yes," and at the station he said he had taken them, and told me where to find them, and I found them where he said.
Cross-examined. Q. Had he given them away? A. He said he sold one to one Cullum for 6d. and a pint of beer, one to a cabman for 6d. and a glass of gin; and two to one Diss, and other persons, all of whom I went to—he was quite open about it—the prosecutor heard it.
GUILTY . Aged 17.— Confined One Year.
ELIZA WEBB . I am the wife of Edward Webb. On the 20th of August I sent my daughter to Old-street, to take Mr. Moffat's tea—she had a pair of boots on her feet, and came home without them—those produced are what she had.
ELIZA WEBB , junior. I was sent to Old-street, and as I came home I met the prisoner—I knew her before—she said, "Would you go of an errand for me?"—I said, "Yes"—she then said, "Oh, what a thick pair of shoes you have got on; it is only round here; it is not far; go down the court, sit down on the step, pull off your shoes, and I will buy you a new pair of Adelaide shoes"—I said to Ellen Murphy, a little girl who was with me, "I will put my new shoes on, and you take your shoes home with you"—the prisoner took them off my feet, and then she went over the way, and never brought them back—I went home without them.
Prisoner's Defence. It is false what the pawnbroker says, and the child too. On the 3rd of September I went to pledge my little boy's, boots, and was detained at the pawnbroker's.
GUILTY .* Aged 35.— Confined One Years.
JAMES COOK . I am in partnership with John Maple, a linen-draper, in Tottenham-court-road. On the 16th of September this printed cotton was at the door—that now produced is it—it was safe about five o'clock.
Cross-examined by MR. PAYNE. Q. Have you made inquiries about Blake? A. I have, and find he has been a very good boy till the last few months—he has been misled by bad associates.
JOSEPH POOR . I live in Old Pancras-road. About seven o'clock, on the evening of the 16th of September, I was going into No. 146, Tottenham-court-road, and saw the prisoner Blake looking at a window, and Williams go to the prosecutor's, which was next door—I went on a little way, suspecting them, and saw Williams take up two pieces of print off the board under the window, and put them into an apron, which Blake had on at the time—they both went off together—I came up and seized them both, but Williams broke away from me—I am certain he is the man—he was taken next morning—I took Blake and the print into the shop.
Cross-examined. Q. How far was Blake from the shop when he received this? A. About ten yards, on the same side of the way—he could see what Williams was doing.
Williams's Defence. I am a poor fatherless lad; I was out of work, and without victuals for twenty-four hours; a man came to us and said, if I would take a piece of cotton, and give it to Blake, he would give us 1s. a-piece.
WILLIAMS*— GUILTY . Aged 18.— Transported for Seven Years.
BLAKE— GUILTY . Aged 10.—Recommended to mercy.
Confined Six Days, and whipped.
RICHARD REYNOLDS . I am coachman in the service of John Alphonso Doxat, of Bishopsgate-street. On Tuesday, the 11th of September, I left the stable of my employer, in Half Moon-street, and left two coats in the coach-house, one my master's and one my own—I locked the door and took the key—I returned in three quarters of an hour, and the coats were gone—I have not found them—they had got in through the next coach-house to get them.
THOMAS HURST . I live in Skinner-street, Bishopsgate. I took the prisoner about two o'clock on Tuesday, the 14th—I was standing at the corner of Half Moon-street, and saw him ran out of Half Moon-alley with a blue coat on with yellow buttons, which I knew to belong to Mr. Doxat's coachman—it was too big for him—he ran as hard as he could.
THOMAS PARISH . I live in Half Moon-street. About one or two o'clock on Tuesday afternoon I saw the prisoner with a blue coat and yellow buttons on his back over his old fustian coat—I thought at the time that it belonged to the coachman up the yard, having seen him wear such a coat—there was another roan by the side of him, who had a kind of black bag or black apron, which looked as if it had been washed out a good many times—he went through the Hoop and Grapes public-house, down Petticoat-lane.
Prisoner's Defence. I was never near the yard at that time, and had nothing to do with the things.
GUILTY .** Aged 17.— Transported for Seven Years.
JAMES PARTRIDGE . I keep the Green Bell public-house, Billingsgate, About half-past five o'clock the prisoner came into the house with some others, and asked for some coffee, which I served them with—I saw something going on which I thought was not right—I asked them to come out of the house—after the prisoner got up, one of these pots fell from his coat—I collared him, and we found three more pots up in the corner where he was sitting—two of them were flattened, which were mine—they were not flattened before—the one which fell from his coat was flattened, and another which was in a bag behind him—three more were claimed by Mr. Bruce—there were two more persons, who, I believe, came in with him.
Cross-examined by MR. CARTEEN. Q. Did you tell the Magistrate about the pint pot dropping from the prisoner's coat? A. Yes, I am certain—he was sitting close to one of the others—when I spoke to then, only the prisoner got up—the others made their escape when I seized him—I believe this was Bartholomew fair time—I heard them say they had been to the fair—I did not examine the bag till after the policemai came—I found three or four pots in the bag—I believe it was four—Garside found another pot doubled up in the prisoner's hat.
WILLIAM GARSIDE . I was sent for, and searched the prisoner—I found two pint and two quart pots in the bag, and one quart pot in the prisoner's hat, which was on the seat—he said the bat was his when the pot was taken out of it—Mr. Partridge claimed that pot—there were several people about.
Cross-examined. Q. Did you tell the Magistrate he said the hat was his? A. I cannot say I did—I said I found the pot in a hat—I did not say the prisoner said it was his hat—I am sure he did say so—he did not say who put the pot in it—I found 2l. 4s. 8d. on him.
THOMAS BRUCE . These three pots are mine—they could not get to Partridge's house without being stolen—the prisoner and two others were together at my house at four o'clock that morning, and the prisoner was carrying a bag like that produced.
MR. CARTEEN to JAMES PARTRIDGE. Q. Did you see the people come in? A. No—the prisoner was sitting close to one of the others, and the bag behind them—I cannot tell which of them the bag belonged to—the third man did not sit in the same box—he did not leave the house—I cannot say whether be belonged to them—I was two or three yards from them when I spoke to them—they sat at the further end of the box by the window—there was a table before them—I saw the one pot drop from the prisoner—the other man was sitting down—the prisoner could not have dislodged it from behind the other in getting up, because he came on the other side of the table—it dropped from under his coat I am certain, and not on the side on which the other person was.
(Samuel Pratt, tailor, of Baltic-street, gave the prisoner a good character.)
GUILTY .— Confined Nine Months.
NEW COURT.—Friday, September 24th, 1841.
Fifth Jury, before Mr. Recorder.
2454. PHCEBE DUNN was indicted for stealing, on the 17th of September, 10 spoons, value 1s. 6d.; 1 pair of sugar-tongs, value 9d.; 3 coats, value 6s. 6d.; 2 pairs of clogs, value 4s. 6d.; 3 pairs of shoes, value 1s. 6d.; 16 pairs of stockings, value 3s. 6d.; 1 shawl, value 3s.; 5 towels, value 1s.; 1 blanket, value 2s.; 1 counterpane, value 3s.; 1 table-cover, value 1s. 6d.; 1 shirt, value 1s. 6d.; 6 yards of linen cloth, value 10s.; 1 box, value 9d.; 4 collars, value 1s. 6d.; 2 pairs of gloves, value 2s.; 3 caps, 'value 1s.; 1 petticoat, value 1s. 6d.; 1 pair of boots, value 2s.; 1 bag, value 1s.; 2 pairs of trowsers, value 2s.; 2 waistcoats, value 1s.; 1 table-cloth, value 1s.; 24 pence and 48 half-pence; the goods of Thomas Jones, her master; to which she pleaded
GUILTY . Aged 15.—Recommended to mercy.— Transported for Seven Years.—Penitentiary.
GUILTY . Aged 23.— Transported for Seven Years.
GUILTY . Aged 41.— Confined Three Months.
2457. THOMAS JENKINS was indicted for stealing, on the 13th of September, 8 pewter-pots, value 2s., the goods of Thomas Sims: 1 pewter pot, value 1s.; and 1 knife, value 3d.; the goods of Joseph Dyke; to which he pleaded
GUILTY . Aged 22.— Confined Two Months.
WILLIAM FALKNER . I live with George Falkner, a butcher, in King-street, Westminster. On a Thursday in July I left my cart standing in Tothill-street—there was a sack in it and a meat-cloth—on my return in a few minutes I missed it—I saw the prisoner come out of a court and peep, and go back when he saw me talking to a policeman—I went after him—I had seen him when I left the cart.
Cross-examined by MR. PAYNE. Q. What time did you leave your cart? A. Between six and seven in the morning—I went away about twenty yards—the prisoner went up the court leading into Twiss-yard—I had not seen him before that day—he was taken on the 8th of July—I recollected his face—I was bound over to the Westminster Sessions—I did not go before the Grand Jury, and the prisoner was discharged—I came here and preferred a bill, and he was taken again.
JOHN RANDALL . I live in St. Ann-street, Westminster—I was in Twiss-yard on the 8th of July, a little before seven o'clock—I saw the prisoner chuck something, which appeared like sacking, over the cow-house door.
Cross-examined. Q. You did not go before the Magistrate at the first examination? A. No, not till the 13th—I knew him before—I cannot be mistaken as to him.
WILLIAM WARDLOW (police-constable B 87.) Falkner spoke to me about seven o'clock in the morning of the 8th of July—I went up Wright's-passage, and found the prisoner behind a door there—I told him what I wanted him for—he said he knew nothing about it—he was about four yards from where this property was found.
(Property produced and sworn to.)
GUILTY . Aged 28.— Confined Three Months.
MR. CLARKSON (for the prosecution) offered no evidence.
2460. ANN DAVIS was indicted for stealing, on the 19th of September, 2 bottles, value 4d.; 1 pint of rum, value 1s.; 1 half-pint of a certain mixture consisting of gin and peppermint, value 6d.; 20 cheroots, value 1s.; 28 cigars, value 2s.; 3/4 lb. weight of sugar, value 4d. 3/4 lb weight of bacon, value 6d.; loz. weight of tea, value 4d.; 2oz. weight ofarrowroot, value 3d.; and 2oz. weight of coffee, value 3d.; the goods of Ambroie Mayes, her master.
MR. BODKIN conducted the Prosecution.
AMBROSE MAYES . I keep the King's-head public-house in Colt-street, Limehouse—the prisoner was my cook. In the afternoon of the 19th of September I heard her and the pot-boy quarrelling—on going into the kitchen to see what it was about, I found the prisoner was in liquor, and ordered her out of the kitchen—she would not go—I was obliged to take her by the arm and put her into the back kitchen—I found she was leaning her head over the sink, and intoxicated—she could not stand—my attention was drawn to a pint pot standing in the kitchen—I took it up and found in it some gin and peppermint—I asked her in the policeman's presence where she got the gin and peppermint—she said one of the barmen gave it to her—I have three bar-men—I called them into her presence—they all denied it—I gave her in charge for being intoxicated—the policeman produced two bottles, one containing rum, and the other gin and peppermint—I believe it to be mine from its taste—I know the bottles—there is the remains of a label on one—I had the bottle in the bar on the Saturday night, and I had missed it—I charged the prisoner with stealing them—I after that, with the assistance of an officer, searched her box and found some soap, some cigars, some cheroots, some arrowroot, coffee, tea, and sugar—the name of our grocer was on the papers containing the arrowroot and coffee—the cheroots and cigars were such as I sell, and were tied up as those I sell—I had missed cheroots and cigars—I believe, on my oath, the property found belongs to me.
Cross-examined by MR. CARTEEN. Q. Was she not quite drunk? A. Yes, one of these bottles could be seen—it was sticking out of her pocket.
(The prisoner received a good character.)
GUILTY . Aged 39.— Confined One Month.
2461. FREDERICK WHITE was indicted for stealing, on the 9th of September, 1 pair of trowsers, value 5s.; 1 coat, value 2l. 5s.; 1 cap, value 6d.; and 2 handkerchiefs, value 1s.; the goods of William Little.
MR. FRASER conducted the Prosecution.
SAMUEL COOK . On the 9th of September, I was barman to Mr. James Stone, who keeps the Brecknock Arms public-house, in Camden Town. The prisoner came to the bar and asked me for the bundle in a spotted handkerchief that he had given me before—I fetched a bundle from the bar store-room and gave it him—it was a large bundle, and in a handkerchief with a white ground and red spots on it—that bundle had been given to me previously by Mr. Little—when I gave it the prisoner it was by mistake—we were busy at the time, and I did not know who I gave it to, but I recognized the prisoner afterwards, when I was fetched to see him.
Cross-examined by MR. BODKIN. Q. How do you know him? A. I noticed his face and his speech—it was dark, and I gave the bundle to him believing him to be the owner.
ELEANOR ANN STONE . On the 9th of September, about half-past four o'clock, the prisoner left a small bundle in my possession—it was in a brown handkerchief with blue spots—I afterwards saw him at the bar—he
stood there ten minutes—I saw him go away with the large bundle in a white handkerchief with red spots—he then came to me for the small one which I let him have—I knew nothing about the large bundle, or who gave it in—it was not given to me—I did not know whether that was his or not—I put the one he gave me under the bar counter.
COURT. Q. Had you seen him with the large bundle before he applied to you for the small one? A. I had.
WILLIAM LITTLE . On the 9th of September I went to the Brecknock Arms public-house, and left a large bundle with the barman—it was in a red and white spotted handkerchief—I went for it in two hours and a half, and Mrs. Stone said it had been given away in mistake—it contained a great coat, a pair of trowsers, a cap, and a neck handkerchief.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Six Months.
JOHN MOORE, JUN . I am the son of John Moore, who keeps a shoe-shop in Goswell-street. On the evening of the 18th of September, I received information and went into the street—I saw the prisoner running about one hundred yards from the shop—I followed him and found him in an area—I asked him where the slippers were which he took from the shop—he said, "Here they are"—he was putting them out of the area when I spoke to him—that was two or three streets from the shop—these are my father's slippers—they had been at the shop-door a short time before the alarm—they are worth 8s. 6d.
Prisoner's Defence. A boy said he would give me a pair of shoes if I would go with him—we ran together, and got into the area—I did not know where the boy got them—I did not touch them.
GUILTY . Aged 17.— Confined Two Months.
JOHN M'CORMICK . I am errand-boy to Mr. Langley, a surgeon, in Tottenham-street. On the 3rd of September I was standing at my master's shop—I saw the prisoner put his hand through the prosecutors window, and steal a green parasol—he ran away with it—on the 14th of September I saw Mr. and Mrs. Polack get out of a coach at their door—I then told Mr. Polack what I had seen—I could not tell him before, for he was in the country—I afterwards saw the prisoner taken at the entrance of the Queen's Theatre, in Tottenham-street, and I told the inspector what he had done—I had seen him before he took the parasol—I thought I had better see Mr. Polack before I told any body of it—I had no quarrel with the prisoner—my master's shop is on the same side of the street as the prosecutor's
—it was about three o'clock in the afternoon when the prisoner took the parasol—I could not run after him, as there was no one in our shop—the window was broken, and he got the parasol through—there was no one I could have given an alarm to.
JAMES GARNER (police-constable E 132.) On the 14th of September I was sent by the inspector to Mr. Polack—the prisoner was then in custody—he had been taken at the entrance of the Queen's Theatre, for creating a disturbance—Mr. Polack gave him in charge.
(The prisoner received a good character.)
GUILTY .— Confined Three Months.
GEORGE GRAY . I am fifteen years old—I am errand-boy to Mr. Acutt, of Holy well-street. On the 16th of September, in the evening, I saw the prisoner, with a book in his band, outside the shop of Mr. William Pedder, a bookseller, opposite us—he read it for a few minutes, then took it away—I ran over and told Sanglier, and ran after the prisoner—he was stopped in Newcastle street—when I called "Stop thief," he put the book down at a public-house door in Holy well-street—I am quite sure he is the person—he went to the prosecutor's window three times—he came to my stall the second time, then went and took this book.
WILLIAM SANGLIER . I am shop-boy to Mr. William Pedder, of Holy-well-street, Strand. I was minding my master's shop on the evening of the 16th of September—I saw the prisoner standing outside the shop, looking at a book—he went away, came back and looked at it the second time—he then went away, came back a third time, looked at it, and went away—Gray came and gave me notice of what occurred—I saw the prisoner—I called "Stop thief," and he put down this book by a public-bouse—I took it up—it is my master's, and is worth 5s. 6d.—it is Rollin's Ancient History, in one volume.
Prisoner. Q. Where were you? A. Inside the shop—I had an opportunity of seeing your face—I saw your face when I was inside the shop.
WILLIAM CHADWICK (police-sergeant S 2.) On the evening of the 16th I was at the corner of Holy well-street—I heard a cry of "Stop thief"—I saw the prisoner—a cab drew up, which prevented my taking him at the corner of Holy well-street—I saw a butterman stop him, and I took him—I found on him a few halfpence, a tailor's measure, two pairs of scissors, two little books, and some duplicates.
Prisoner. Q. Did you lose sight of me? A. Yes, just as you turned the corner of Newcastle-street.
Prisoner's Defence. There has been a mistake made as regards my identity; it is true I was looking at the books, and no doubt the witnesses saw me on two occasions; I took up a book to look at, which I put down; on returning, I took up another book, read it, and put that down; I then stood at the corner of Holy well-street, and heard a cry of "Stop thief;" I saw some persons running, and I joined in the chase; in turning into Newcastle-street, I saw two persons, and before I could get to them I was stopped.
WILLIAM SANGLIER re-examined. I am quite sure he is the person who put down the book—his dress and appearance are the same—I am quite clear about him—I watched him till a gentleman came and took my attention
—I am sure the prisoner is the person who returned the third time—I had seen him twice before—I was about two yards from him when he put the book down.
GUILTY . Aged 21.— Confined One Month.
2465. CATHERINE REED was indicted for stealing, on the 13th of September, 10 cakes of indigo, value 2s. 6d.; 1 spoon, value 1s. 6d.; 1 frock, value 6d.; and 1 printed book, value 6d.; the goods of Daniel Staight, her master.
MARY STAIGHT . I am the wife of Daniel Staight; we live at Balcony-house, Hornsey-road. The prisoner was in my service about a month, and was about to leave—I called in a policeman, and her boxes were opened in my presence—I found in one a packet of Estcourt's blue; and the Pilgrim's Progress—I had missed that blue from the kitchen-drawer—the policeman afterwards brought me a silver spoon, which corresponded with what I had—one of her boxes was tied up in a bundle-handkerchief, and the other was locked, before I caused them to be opened—the policeman brought me a child's dress, which was also mine—the value of all the things was about 5s.
Cross-examined by MR. PAYNE. Q. When you hired her, was you at your town-house in Hatton-garden? A. Yes, and she was taken to live at Hornsey—she said that was the reason of her leaving me—I am sure this spoon is mine—she asked me, on Saturday morning, when she cleaned up my plate, if I had got all right—I said, "All that are marked," but this is one that is not marked, which we use in common—I have no lodgen—I have one child, four years old.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined Three Months.
2466. CHARLES CHAPEL and DAVID JONES were indicted for stealing, on the 21st of September, 1 handkerchief, value 2s., the goods of James Barrett; 1 handkerchief, value 6d., the goods of John Try; and 1 pair of stockings, value 8d., the goods of Henry Tibbie.
JOHN BUTLER . I live in Great York-mews, and am a stableman. Early in the morning of the 21st of September, I was in the tap-room of the Mint public-house, at Paddington, and I saw the prisoners in there—there were three other persons there asleep—two of them had their hats off—there was a handkerchief on the table, with something tied up in it—I saw Chapel take a pair of stockings first out of a hat—he returned to where Jones was sitting—Chapel then got up again, and took a blue handkerchief out of a man's hat, and said to Jones, "They are all asleep, we will have the other bundle"—Jones said, "We may as well have it"—Chapel then went, and took the red handkerchief and the bundle off the table—he said, "Come on now, we wont wait here any longer"—they left the house—I told Mr. Smith, the landlord, of it—I followed them down the railroad—James Batchelor asked them where the bundle was that they took
out of the tap-room—Jones said, "We have got no bundle"—a railroad policeman came up, Jones took a handkerchief out of his pocket, and threw it away—Chapel was the worse for liquor, but he knew what he was about.
Chapel. I was very tipsy, and did not know what I was doing. When the owner came I took them out of my pocket; as to intending to keep them, I did not. The two handkerchiefs laid on the floor, and the stockings; you cannot contradict that. Witness. The red handkerchief was on the table, and something in it.
JOSEPH BATCHELOR . I was at the bar of the Mint public-house on the morning of the 21st of September. I am porter to the Great Western railway—Barrett informed Mr. Smith what had happened, and Mr. Smith asked me to go after the prisoners—I found them just inside the gate of the railway—I said, "Which of you have got the bundle you took out of the tap-room?"—Jones said, "Neither of us have"—he then took this blue hand-kerchief out of his pocket and threw it down—I asked them to go back and see if they could find the others—Chapel then took the red handkerchief out of one of his pockets, and the pair of stockings out of the other—he said if they were theirs, there they were, that he never robbed any one in his life—he was the worse for liquor—Jones was sober.
THOMAS COWAN (police-constable D 206.) I was called about three o'clock that morning to the Mint public-house, and the prisoners were given into custody—Chapel said he never robbed any body, nor did he take any thing—Jones said he took nothing, and nothing was found on him—I found on Chapel 5s., a halfpenny, a silver watch, a knife, and a box, and on Jones 9s. 3 1/2 d.
JAMES BARRETT . I live near Bristol. I was at the Mint public-house with Fry and Tibbie, waiting to go to Bristol by the luggage-train—we fell asleep—we were awoke, and I missed a red handkerchief, which I had laid on the table, with some victuals in it—I afterwards saw Chapel take it out of his jacket pocket—he said he bad not robbed any body—I saw him produce a pair of stockings belonging to Tibbie.
Chapel. We were both tipsy.
CHAPEL— GUILTY . Aged 36.
JONES— GUILTY . Aged 35.
Confined Three Months.
JOHN PARFITT . I am a cow-keeper, and live at Stepney. I met the prisoner in the Commercial-road, on the 3rd of September, from nine to ten o'clock at night—I had been drinking a little ale, but was sober enough to know what I was about—I went with her to some apartment of hers—I believe it was in Tarling's-lane—I put my trowsers under the pillow—I bad seven sovereigns and a 5l. note in a purse in my trowsers' pocket—I felt them safe in the pocket when I put the trowsers under the pillow—I gave her 5s. in silver—she turned the button of the door, which would
keep persons out, and we went to bed—I fell asleep—I was awoke at twelve o'clock by the prisoner—she was then up—she said I was to get up, as she had a friend coming to see her at twelve o'clock—I got up, and found my trowsers partly drawn from under the pillow—the purse and the 5l. note were there, but I missed the sovereigns—I said, "You have robbed me"—she said she had not—I called the officer, and gave her into custody.
Cross-examined by MR. PHILLIPS. Q. And she was discharged after three different examinations? A. She was—I had been drinking with a friend, but only in one house—I went to a public-house with the prisoner, and had two glasses of gin and bitters—we did not go to any other public-house, but we went to the same house again—we very probably had the same thing again, but I cannot trust my conscience with it now—I do not think I had any thing the second time—I went the second time to treat the prisoner—I felt I had had sufficient—I cannot say whether I might drink and forget it—we then went to a fishmonger's, and had some oysters, and some bread and butter, I believe—to the best of my knowledge, I did not call for any brandy there—I do not know what I paid.
Q. Then you may have paid 5s.? A. Most likely I did—the people brought in a bill—I paid it—I was not drunk—I know it was something under 10s.—I do not know what I paid at the public-house—my expenses did not exceed 16s. in the day—when I first gave her in charge, I did not wish to be exposed, and I said if she would give the policeman 5s., and return me the money, I would say no more about it—she refused to give a farthing—I remember asking the inspector if he had booked the charge—I told him I would give him a sovereign to unbook it—I had not been in Vinegar-lane that day—I never told the prisoner so—nor had I been drinking with two girls that day or that night.
ROBERT ROACH (police-constable K 211.) The prosecutor called for the police, and I found the prisoner in the kitchen of No. 2, Tarling-street—I questioned her about the money, and she denied it—I asked her if any body had been in the room but her and the prosecutor, and she said, "No"—I searched the place, but found nothing—she had 3s. 9 1/2 d. in her hand—on the road to the station the prosecutor said, "If you will give the policeman 5s. I will let you go"—he had before said he had been robbed of seven sovereigns, but he did not at that time say any thing about his loss.
Q. Then did you understand him to mean that if she gave the 5s. only he would let her go? A. Yes—she said to him, "You know you have wronged me; I have only part of the 5s. you gave me"—she was under the effect of liquor—she was remanded three times and discharged.
ROBERT GREEN (police-constable K 179.) I apprehended the prisoner on the step of a door, on the morning of the 13th of September, which was ten days after the alleged robbery—she was drunk—she threw her shawl off at the station, and I saw a biscuit sticking in her bosom—I took it out, and found it to strike against something—I took out a piece of paper, containing three sovereigns, four half-crowns, five shillings, two pence, and two farthings—the sergeant said, "I suppose that is the cow-man's money?"—she said, "Yes, I milked his cows."
BENJAMIN HARRIS (police-sergeant K 19.) I saw the money taken from the prisoner—I said, "I suppose this is the milkman's money?"—she said, "Yes, I milked his cows for him"—I asked if she could account for the money—she said she had 2l. 10s. from her brother at Croydon, 2l. 10s.
from a brother on the Blackwall Railway, half a sovereign from her sister, and a sovereign she had of her own money; and that she had a letter from a gentleman in Cornwall, the father of her child, and in it was a piece of paper, to receive 5l. at the Post-office in the City—the next morning I asked her what post-office it was—she said it was all a story, but her brother gave her 5l. on the Saturday evening.
Cross-examined. Q. The phrase you used was the "milkman's money?" A. Yes—she answered me every question rationally—she was drunk, but not insensibly so—she had been drinking rather freely.
COURT. Q. When was it she gave you the account about her brother and the rest? A. On that night, and the next morning she repudiated it.
NOT GUILTY .
2468. FREDERICK M'DONALD and RICHARD PRICE were indicted for stealing, on the 6th of September, 1 basket, value 1s. 6d.; 1 oil-stone, value 1s. 6d.; 3 gimlets, value 1s.; 1 chisel, value 5d.; 5 planes, value 6s.; 1 square, value 1s.; 1 hammer, value 1s. 4d.; 1 bevel, value 1s.; 1 spoke-shave, value 1s.; 1 screw-driver, value 1s.; the goods of George Pressland: and 1 saw, value 4s.; 2 planes, value 5s.; and 1 trying-square, value 2s.; the goods of James Billton.
GEORGE PRESSLAND . I live in Essex-street, Kingsland-road. On the 4th of September I was at work at an unfinished house in York-street—I left my tools packed up in a basket, and my mate locked the place—next morning I found the basket—four planes and other tools had been taken away—I have seen some of them since at the office—M'Donald worked as a bricklayer's labourer, in the same buildings, the week before, and I had seen him on the premises the day before I lost them.
HENRY WADE . I am a birdcage-maker, and live in Galway-street, St. Luke's. M'Donald came to me on the 7th of September, about one o'clock—he asked me to buy two squares of him, as he was out of work—I bought them of him for 6d., and a screw-driver and a chisel for 3d.
Cross-examined by MR. PHILLIPS. Q. Did he appear in distress? A. I considered he was.
BENJAMIN MINCHIN . I am in the service of a pawnbroker in Aldersgate-street. I produce a hand-saw, which was pawned with me by the prisoner Price, on the 7th of September, in the name of William Morris—he said it was his father's.
WILLIAM STARK . I am a watch-finisher, and live in Draper's-place, Old-street. In the afternoon of the 7th of September, I met M'Donald, at the corner of Whitecross-street—he said he had a few tools to sell—he took me to a court where he had a basket, with two or three planes, a chisel, and a small file—I sold them at Hersey's, at his request, for 4s., and he gave me 6d. for my trouble—these now produced are the tools.
M'Donald. I did not ask you to sell them, it was Price asked you. Witness. No—Price and you were together, but you stepped aside, and asked me.
JAMES HAYWOOD (police-constable G 212.) I received information, and took M'Donald in Craven-street—he said he knew nothing about it—on the way to the station we met Wade—I asked him if M'Donald was the man he had the tools of—he said "Yes"—M'Donald denied it.
WILLIAM HORSNELL (police-constable G 172.) I took Price in a public-house in Old-street—I said it was for tools, and he had better say what he had to say to the Magistrate—he said M'Donald had some tools, and they sold them and parted the money.
(Property produced and sworn to.) (Price received a good character.)
M'DONALD— GUILTY . Aged 20.
PRICE— GUILTY . Aged 22.
Confined Six Months.
JAMES DINGLEY . I live in Compton-street, Soho, and am a hair-dresser. On the 15th of September, about two o'clock in the morning, I met the prisoner in Oxford-street—she asked me to go with her to Shepherd-street—I said, "No"—she slipped her arm round my neck, and said, "Do come"—she tried to get my purse—I got that from her hand—I felt her hand in my pocket, and I missed a half-crown, and a paper with a memorandum on it—I charged her with taking it, asked her to give it up, and I would let her go—she said would I stand any thing to drink, I said, "No"—the policeman came up, and I gave her in charge—she threw a paper away, but I would not lose sight of her—I went to the station, and the next morning I went to the spot, and found this memorandum, which is mine, and this other, which is hers.
Prisoner. I met him; he said, would I go with him across the square, which I did, and he pulled me about, and wished to take liberties with me; I would not allow it in the street; he said he would charge me with taking 5s. from him; and when he saw what was found on me, he said it was his; he is wronging me. Witness. She did, on my oath—I wanted to get from her—I did not pull her about—I did not threaten to charge her, till she took the money.
ARTHUR GORE (police-constable D 199.) The prisoner was given into my custody—the prosecutor complained of her robbing him—she denied it—I took her to the station—she was searched, and this half-crown, three pence, and a bunch of keys found on her—the prosecutor said she took 5s., which was in his waistcoat-pocket, but he found 2s. 6d. in his pocket the next morning.
JAMES DINGLEY re-examined. When the officer came up I had not searched my pocket—I said I had 5s., and I felt her take it away, but I found I had 2s. 6d. left on re-examining my pocket—I found this memorandum in the morning, and then knew what I had lost—(reads)—"14th September, got in my pocket 3l. 5s. 9 1/2 d.," and I found I had 3l. 3s. 3 1/2 d. left.
Prisoner. He pulled me about and tore my frock, and told me he would make me a handsome present to buy me a dress. Witness. On my oath it is not true—she put her arm round my neck, and then put
her hand into my pocket—I had a great difficulty in getting my purse from her.
MARY HACKETT . I am the wife of a policeman, and live at the station. I searched the prisoner, and found a half-crown and 3 1/2 d., and a bunch of keys, in a small pocket by the side of her gown—her dress was torn a little from the body.
GUILTY . Aged 18.— Confined Six Months.
2470. JAMES HOWARD was indicted for stealing, on the 10th of September, 1 basket, value 1s. 6d.; 1 cap, value 1s.; 3 saws, value 16s.; 1 plane, value 3s. 6d.; 1 square, value 2s. 6d.; 2 chisels, value 1s.; and 1 hammer, value 1s. 6d.; the goods of Thomas Newman.
THOMAS NEWMAN . I am a carpenter. I was working in Hungerford-market on the 9th of September—I left my tools and a cap in a chest within a hoarding in the market—the next morning I opened the chest, and missed three saws, the plane, and other things, and the cap—I saw the cap at the station at Bow-street, ten or eleven days after—the prisoner had got it, and I claimed it—he told me he bought it at a shop in Chiswell-street—my tools were worth 30s.
Prisoner. It is my cap, I gave 1s. for it; it is impossible to swear to a cap like this; there are thousands of them. Witness. I am sure it is mine—mine had a bit put in the back of it, like this one—I had worn it two or three days—I used to work in it.
WILLIAM BURRETT (police-constable F 87.) I live in Chapel-place. Early in the morning of the 10th of September I was on duty in the market—I saw the prisoner with a basket of tools on his shoulder, going towards the Strand—he was about a hundred yards from the hoarding, where these tools were taken from—I had seen the prisoner before—he had a hat and a flannel jacket on.
SAMUEL MATTHEWS . I am a constable of Hungerford-market. On the morning of the 21st of September, I heard a cry of "Police," and saw the prisoner inside the hoarding, lying down on his right side, between two large boxes in which they deposit their tools in the hoarding—he had this cap on his head—I took him to the station—he claimed the cap—I took the prosecutor there, and he said, "That is my cap, I will swear to it."
MICHAEL LONDON . I went to work on the 21st of September, at a quarter to five o'clock in the morning—I heard a halloo—I went to the hoarding, and saw a basket coming over, and a man's arm dropping it—I caught hold of it, and called the policeman—on entering the hoard, the prisoner was found there, and no one else.
GUILTY . Aged 19.— Transported for Seven Years. (There was another indictment against the prisoner.)
WILLIAM SIMMONS (police-constable S 97.) On the morning of the 13th of September I was on duty in Ingram's-lane, Hampstead—I saw the prisoner, and noticed his pocket—he ran away—I followed him, and asked what he had got in his pocket—I put my hand into his coat pocket, and found three table spoons—he then took another spoon, and some tea-spoons, out of another pocket, and threw them over a hedge, within about
two yards of a pond—there was a lad there who assisted in picking them up—I found another small spoon in the prisoner's side-pocket—he begged for mercy, but in a short time after he said he picked them up about ten miles from there.
GEORGE EWART . I live at Hampstead, and am a zinc manufacturer. These spoons are all mine—I saw them safe on the 13th of September, about nine o'clock in the morning, when I breakfasted—the prisoner was taken about ten o'clock the same morning, about half-a-mile from my place.
ELIZABETH GOODES . I am in the service of Mr. Ewart. On the 13th of September I washed up these spoons, and left them in the kitchen—the window was open—I missed the spoons about eleven o'clock—I found one spoon dropped on the sill of the window inside, and this memorandum-book and a pencil, which I suppose belong to the prisoner—the trades-people carry a book like this to take orders.
Prisoner's Defence. I went to look after a place, and then I went to get blackberries; I found these spoons wrapped up in a paper, against a hedge.
GUILTY .* Aged 15.— Confined Twelve Months.
MARTHA WADE . I am servant to Mr. Mackay, of Gray's-place, Brompton. I was in the parlour adjoining the shop on the 18th of September, and saw the prisoner come into the shop—he turned round, looked into the window, reached, and took out a silk handkerchief, rolled it up, and put it into his waistcoat—I called Mrs. Mackay up—she went into the shop, and the prisoner said he wanted to look at some black lamb's-wool stockings—Mrs. Mackay went to the door to see for a policeman—she did not see one—the prisoner said he would call again—my mistress looked into the window, and found a handkerchief was gone—it was a yellow one, with black spots on it—the prisoner was afterwards brought back—I am quite sure I saw him take the handkerchief.
ELIZABETH MACKAY . I am the wife of Robert Mackay—I keep a haberdasher's shop. I saw the prisoner in my shop—I asked him what he had done with the handkerchief—he denied having taken it, but admitted that he took one up, looked at it, and laid it down again—he looked at some stockings which I showed him—they did not suit him—he said he would call again on Monday, and I was to get him some stockings by then—my handkerchief was yellow silk with spots on it—after the prisoner was in custody I missed another handkerchief, which had been safe with the other when he came there.
Prisoner. Q. Did I not offer you to search me, and undo my waistcoat, and tell you to call any one in? A. He offered me to search him, but I said it was not my place, it was a policeman's place—being alone, I did not know what to do—I said I would rather let him go than accuse an innocent person—I do not remember his opening his jacket.
the prisoner's former conviction, which I got from Mr. Clark's office—(read)—the prisoner is the person—I know him by the name of Rowe, in which he was tried before.
GUILTY . Aged 19.— Transported for Ten Years.
FRANCIS BROWN . I am a tailor, and live in Stafford-place, Pimlico. On the night of the 13th of September I went home with Hannah Conner, to Little Dean-street, between eleven and twelve o'clock—after I was gone from there, I missed my watch—I had left it on a table in a room I had been in—I returned, and it was gone—the prisoner was taken, and she stated at Queen-square, that she had got the watch, and would give it up—she went out with the officer, came back, and said it was in pawn—it was produced the next day in Court.
GEORGE BARTHOLOMEW . I keep a lodging-house in Jeffrey's-buildings, Westminster. On Tuesday morning, the 15th of September, the prisoner came to the house with a man—she told me she had no money, and left me a watch to pledge in the morning—she said it was her own—I said I thought it was the mans that was with her, but he denied it—I pawned it for 1l., and gave the prisoner 17s.—I gave the duplicate to the officer.
WILLIAM TURNER (police-constable B 109.) I took the prisoner—she denied all knowledge of the watch—when at "Queen-square, she said it was in pledge at Mr. Bodmin's, but she could not get it out, as she had got do money—she gave me no account of how it came into her possession.
Prisoner's Defence. When the prosecutor left the house, Conner came down stairs—she called me out of the parlour—she had this watch in her hand, and said, "That gentleman has no money worth giving me to night, he has left this watch till to-morrow morning, he is to come and redeem it"—she came the next morning, and I gave her nearly all the money I got for it—I gave it to Bartholomew to pawn.
NOT GUILTY .
WILLIAM BLOOMFIELD . I live at Doddinghurst, near Ingatestone. On the 14th of September, I was turning the corner of Rose-lane, Wentworth-street, and missed this coat from my hay-cart—I had seen it five minutes before.
Cross-examined by MR. PAYNE. Q. What part of the cart were you in? A. Walking by the side of the horses—the coat was in the middle of the cart—there was nothing sticking out behind—there was no tail-board up—the coat was lying under the fore and hind ladder, which were in the cart.
PHILLIS STEVENS . I saw the prisoner on the 14th of September take the coat from the tail of the cart, which the prosecutor was driving, at the corner of Wentworth-street, just turning into Rose-lane.
Cross-examined. Q. What are you? A. char-woman—I was
about three yards from the cart—I never saw the prisoner before—he ran up Wentworth-street—I only saw him for about ten minutes—the carman was on the pavement—Wentworth-street is not a great thoroughfare—I am quite sure the prisoner is the man—I did not speak to him—I had first seen him walking in Rose-lane—I did not tell the carman any thing about it—I went before the Magistrate on the Wednesday—I saw the policeman come down with the coat—I said, "That is the coat the young man stole out of the cart"—I knew it by the velvet collar.
GEORGE BALL (police-constable H 121.) I saw the prisoner with the coat on his arm running in Wentworth-street—he threw the coat down while I was pursuing him—he was stopped by another officer—he resisted very much by kicking, and making all sorts of rushes to get to a back door where he could get over some low paling to another yard—I had my hat knocked off, and was kicked—I found the prosecutor on the Thursday following.
Cross-examined. Q. How near were you to him? A. About five or six yards from him—I cannot be mistaken about his being the person—when he dropped the coat I was not more than three yards from him.
GUILTY . Aged 25.— Transported for Seven Years.
Sixth Jury, before Mr. Sergeant Arabin.
SARAH CHAMBERS . Edward Stanford is a painter, and keeps a fruiterer's shop at Newington. On the 21st of September I saw the prisoner, whom I did not know before, lying across the counter with the till in his hand—he got down off the counter and put the till on the counter—he then went out of doors and went away—I looked out for a policeman—I saw one, and the prisoner was taken—he had not taken any thing out of the till—I was too quick upon him—there was a groat, 2 pence, 24 halfpence, and 5 farthings in it—I am sure he is the same person.
Prisoner. Q. Was any one with me? A. Yes, Charles Glossop—I took both together—I had not seen the prisoner before.
GUILTY . Aged 13.— Transported for Seven Years.—Convict Ship.
ELIZABETH MARY COLLIER . I am a widow, and keep an oil and colour shop in Marylebone—the prisoner had been in ray employ six weeks as head shopman—in consequence of missing some money, I got some marked—I gave some to George Salmon, and some to Mr. Reed, which they were to bring to the shop to purchase articles.
Prisoner. Q. Was there any shillings and sixpences in the till the
evening before I was accused? A. Yes, I took them out and left only copper.
GEORGE SALMON . The prosecutrix spoke to me—I marked a half-crown, 2 shillings, and a sixpence—the half-crown I gave to a person, and the other to another person—this is the half-crown, a shilling, and a sixpence I marked—(looking at them.)
SAMUEL ROTHWELL . I live in Cleveland-street—Salmon gave me half-a-crown—I went to Mrs. Collier's shop and purchased tea and sugar which came to 2s. 6d.—I paid the prisoner with the half-crown that had been marked—I knew it again.
JOHN COLLIER . I am residing with Mrs. Collier—about eight o'clock on Tuesday morning I came down, and sent the prisoner out of the shop up stairs—while he was gone I looked in the till to see if the marked money was there—there was only one shilling not marked—Mr. Salmon went for a constable—he came into the parlour—the prisoner was called in, and the officer came—the prisoner I suppose saw the policeman in the shop—he wanted to go down stairs—Mr. Salmon ran down after him and brought him back—1s. 6d. marked was found on him—the half-crown was found on his desk.
Prisoner. Q. Did you find any thing else there? A. Yes, one shilling, not marked—the two shillings and sixpence were wrapped in a piece of paper, which he said was to pay his washerwoman.
HENRY BRIDGER (police-constable E 137.) I was called in to take the prisoner—I said, "You are in my custody, have you any objection to be searched?"—he said, "No"—I found one shilling and a sixpence marked in his right-hand pocket—Mr. Salmon said, "This is the shilling and six-pence I marked, what is become of the half-crown brought in here in the morning?"—the prisoner said it was wrapped up in a bit of paper on the desk to pay his washerwoman—Mr. Collier went and got it and gave it to me.
Prisoner's Defence. I put 1s. 6d. in the till, and as I wanted to pay my washerwoman I took out the marked shilling instead of my own—Mrs. Collier acknowledged there was no shilling left in the till, and therefore the one found there must be mine.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined One Year.
SARAH BANDING . I am servant to Mr. Thomas Smee, of Baker-street; the family was out of town for the day on the 15th of September, and I was in care of the house—I went to the area-gate to take the milk at ten minutes to five o'clock—the area-door shut too, and then I was out—while I was taking the milk the prisoner came by—he had a mattress on his shoulders—the string broke and it fell on the ground—I do not know whether it was an accident or done on purpose—he asked me if I could give him a strong bit of cord to tie it up—I said, I don't know, but if you will have the kindness to get over the gate and open the parlour window, get in and run down stairs and open the door for me, I will see"—he did so—there was a woman with him, but he only went in—I thought he was longer than he ought to be in opening the door—I looked through the
key-hole, and saw him coming from the kitchen, where he had no business to go—he then let me in—I told him to follow me into the kitchen, and I would give him a piece of cord, which I did—he asked if I had a second piece—I gave it him—he asked if I had any beer—I said we did not keep it in the house—he went into the passage to go out—I said, "Have you cord sufficient?"—he said, "If you have a little piece more I will take it"—he went away, and I missed the milk-jug—I am sure it was there before he went down—I have not seen it since—no person but him could have taken it.
Cross-examined by MR. PAYNE. Q. Did you come up from the area on the steps? A. Yes, there are steps—this door was not near the street-door—the inner-door blew too while I was standing on the steps—when I peeped through the key-hole I saw him coming from the kitchen door, at the end of a long passage—I was not talking to any one when he came—I had set the silver milk-jug there just before—a person would not pass the pantry to let me in—the woman did not go into the house, but she was taken to the station.
DANIEL GRIMWOOD (police-sergeant D 11.) I went to Monmouth-street, Seven Dials. I there saw the prisoner up stairs, and I said I took him on suspicion of stealing a silver milk-pot from Baker-street—he said, "I know nothing about it"—he was endeavouring to force himself into another room, and a little girl there said, "Go out, you shan't come in here"—I took him to the station—the woman came to the station and said, "How could you do such a thing as this?"—he said, "Don't you be a d—fool"—he asked for pen, ink, and paper, and sat down to write, and asked if it would be read—we said, "Yes"—he then threw down the pen and said, "Then you shan't have the opportunity of seeing it."
JURY to SARAH BANDING. Q. How long before had you seen the milk-pot? A. Not two minutes—I missed it about three minutes after be left—no one else had entered—he shut the window himself when he got in.
GUILTY . Aged 30.— Transported for Seven Years.
STEPHEN SOUTHAM . I live in Eaton-court, Regent-street. The prisoner lived in the same house—I lost my quilt out of a drawer in the back-parlour—the prisoner had no right in my room—the quilt was found out in the court—I went to bed at twelve o'clock—I was awoke at half-past two by my lodger coming in—he said, "You have got a woman in the room"—I said, "I don't know that I have"—he said, "You have a drawer open"—I got up, and missed this quilt—I keep matches in my room, which the prisoner knew.
Prisoner. Q. Did you see me take it? A. No—she was outside my door, I asked what business she had in my room, she said she had come in for a few lucifers.
PATRICK GIBBONS . I am a groom. I came home at two o'clock on Sunday morning, found the prisoner in the prosecutor's room, and door open—I struck a light, and found her concealed under the table—I got hold of her, and said, what took her there—she said she came for a few
lucifers—she went up stairs to her own room—I then asked the prosecutor what she did there—he said he did not know she was there; and when I found the drawer open he missed a quilt out of it—I went up stairs after the prisoner—she got into the room before me—I heard the window open, and something drop—I went down, and found the quilt in the court.
Prisoner's Defence. I went out to provide for Sunday. My husband was not at home when I came back; I knocked at the door, and said, "Mr. Southam, will you he so kind as to give me a lucifer match?" he never spoke. I had some things in my apron, and Gibbons gave me five lucifers. Mr. Southam sat up in his bed, and said, "What woman have you got here?" Gibbons put his arm round my neck, and tried to kiss me. I went up stairs, and Mr. Southam hallooed out, "Here is the quilt." I had taken off my apron and laid it down, with the beans and bacon and bread in it that I had bought My window does not open, it slides.
BENJAMIN ROUND . I am a policeman. The prisoner stated to me that she went for the purpose of asking for some lucifers—I went into her room, and found a box in her table-drawer, with some matches in it—both the witnesses were sober that night—when the prisoner went to the station she had four or five matches in her hand.
JURY to PATRICK GIBBONS. Q. Did you give her any matches? A. No—I had been with some friends in a private house—the prisoner had not got these things in her apron.
NOT GUILTY .
JOHN SEXTON . I am in the service of Edward Pearson, a bricklayer, in Vineyard-walk. I saw the prisoner going out of his yard, where she had no right to be, on the 18th of September—I asked her who she saw in the yard—she made no reply—I asked what she had in her apron—she stood a few minutes, and then said, "Nothing"—I took her apron, and found this brush in it.
Prisoner. It was given me by a lad, who said, "Mistress, will you have this brush?"—I said, "Yes"—I took it and put it into my apron.
GUILTY . Aged 57.— Confined Six Weeks.
ALLEN PIPE (police-constable H 51.) On the 11th of September I saw the prisoner in High-street, Whitechapel, carrying a bundle—I watched him—he opened the bundle and looked at its contents—it appeared to be a great-coat doubled inside out—he doubled the right side outwards, and tied it in the handkerchief again—I went and asked what it was—he said, a great-coat with ten capes, and he was going to send it to his father, who lived at Barking—I said, "I will accompany you to the coach, if any one there knows you"—he said, "No one knows me or my father"—I took him to the station, and there he said a countryman gave it to him.
BENJAMIN PLUCK . I am a wagoner. This great-coat is mine—I lost it from the fore-part of my wagon, between four and half-past four o'clock in the morning, in Crispin-street, Spitalfields—my wagon was standing there while I was gone to deliver my lading-bill—I have seen the prisoner
in the market before—I gave a guinea and a half for this coat—I have lost two coats from the same place in the course of nine months.
Prisoners Defence. A countryman gave me 9d. to take it to Leaden-hall-street; the reason I said it was my father's was, I did not know the officer was going to take me to the station.
GUILTY . Aged 18.— Transported for Seven Years.
2481. ANN SIMMONS was indicted for stealing, on the 13th of August, 2 sheets, value 6s.; 2 blankets, value 8s.; 2 quilts, value 7s.; 1 bolster, value 3s.; 1 looking-glass and frame, value 2s. 3d.; 1 candlestick, value 9d.; and 1 set of fire-irons, value 2s. 6d.; the goods of John Kent.
MARTHA KENT . I am the wife of John Kent, and live in Tash-street. I let a ready furnished lodging to the prisoner on the 13th of August—she was to pay 4s. 6d. a-week—she remained five weeks—she paid me three weeks of it—she was going that morning—I went into the room, and missed the articles stated—I spoke to her about it—she said she would get them and return them, but she never did—I did not give her leave to pawn any of them.
Prisoner. You knew these things were gone. Witness. No, I did not.
Prisoner's Defence. I have been reduced, and pawned them all at one pawnbroker's, knowing the month was coming round, intending taking them out; on Thursday my sister came and paid the rent; she said, "I won't pay you all, but I will send it you next week;" she said, "What is to be done about the things?" we had a few words on the morning stated; Mr. Kent came up and said, "What is all this?" I said, "Give me time till four o'clock, I will get these things out," but they sent me off to the station.
GUILTY . Aged 26.— Confined Three Months.
LYDIA WOODS . I am the wife of Austin Woods, and live in Fifth-street, Charlotte-street. I let a room to the prisoner on the 18th of January last—she disappeared for one week, locking my place up till I received the keys by post—I then missed the property stated—there was another person who lived with the prisoner—they were both together but the prisoner took the lodging—this is my property—I cannot say the other did not take them.
Prisoner. Q. You are aware I left three months before the other woman? A. No, nor nothing like it; about three weeks.
NOT GUILTY .
OLD COURT.—Saturday, September 26th, 1841.
Second Jury, before Mr. Sergeant Arabin.
JULIUS MECKLEBURGH (through an interpreter.) On the 15th of September was a seaman on board a vessel in the West India Docks—the prisoner was chief mate—we were lifting out the cargo—it is the custom among foreigners to sing whilst unloading—the rest of the crew were all singing—I could not sing, and told the prisoner so—he had a handspike in his hand, and bit me on the shoulder with it, so that my arm dropped directly—he then struck me on the back, and once on the thigh, with the handspike—I had done nothing but said I could not sing—he held me fast with one hand by the hair, and with his double fist struck me on the neck and head—he dragged me by the hair up and down the deck—I could not move my shoulder at all—I was taken to the hospital.
Prisoner. It is not all right that he says—some is true, and some is not true.
JAMES EBTHORPE . I am a lighterman, and live in Wellington-place, Limehouse. On the morning in question I was passing by in my cart—I saw the prisoner pulling the prosecutor about the deck by the hair with one hand, and striking him with the other with his fist—I called out to him and told him he ought to be ashamed of himself to use the man in that way—he said the man would not work—that was what I understood him to say—I got out of my cart, which was very near to the ship, and told the prosecutor if he would come with me would take him somewhere—he was crying very much—he came down the ship's side on to the jetty—I asked him what was the matter with his arm—he said the prisoner had hit him with the handspike—I got him into the cart, took him home, gave him some breakfast, and went to the Thames-police with him—the prisoner spoke English or I should not have understood him.
JOHN DOUGLAS . I am a policeman. The prosecutor was brought to the Thames Police. I examined him there, and saw two very severe bruises on his shoulder, which appeared to be made by some piece of wood—they were very severe blows, and were black—I got a warrant, and went to the ship next morning, in the West India Docks—I then saw the prosecutor crying on the deck—I asked for the prisoner, saw him, and told him it was a very bad case—I said, "How came you to do this?"—he said, "It was not done with the handspike, I only hit him twice with the handspike, it was done with a rope"—I am in the habit of seeing marks made with ropes at our office, and think it impossible these marks could have been made with a rope—the prosecutor made motions to me that he had been punched with it as he was lying on deck—I examined his hack lower down, and found black marks corresponding with the end of it—I took the prisoner into custody, and took the prosecutor to the London Hospital—he had his arm braced up, and we took him to the Magistrate—he is still an out-patient of the hospital—the doctor said it would be some time before he was able to work.
Prisoner's Defence. He was growling every time I told him to work—our law permits us to strike our men.
GUILTY .— Confined Three Months.
NEW COURT.—Saturday, September 25th, 1841.
Sixth Jury, before Mr. Common Sergeant.
THOMAS SMITH . I am an artist. On the 22nd of September I was in Plumbtree-street, going towards Holborn—I saw the prisoner thirty or forty yards in advance, lift up the tail of a gentleman's coat, and extract from the pocket a handkerchief—I pursued, took him, and took the handkerchief, and called a policeman—the gentleman went on towards the City—I immediately went down Holborn in pursuit of the gentleman, but could not find him.
Prisoner. Q. Was there not a person with me? A. Certainly not.
JOHN HALL (police-constable D 64.) At a quarter-past ten o'clock I was coming along Holborn—I heard a cry of "Stop thief"—I saw the prisoner running, and a mob after him—he went down Middle-row—I saw Smith collar him, and take the handkerchief from him.
GUILTY .* Aged 18.— Confined One Year.
WILLIAM WRIGHT . I am a carpenter—I live in Bowling-street, Westminster. At half-past one o'clock in the night of the 21st of September the prisoner accosted me in King-street, she went back with me as far as Flood-street, leading to Dean-street—she stopped me, got before me, and kept feeling about my person—I had my hand in my pocket—I was obliged to take my out, to get rid of her—I felt her put her hand in my pocket, and take my money—I got hold of her wrist, and accused her of it—she asked me to go round the corner—there were two or three men—she joined them, and ran on—I pursued and took her—neither purse nor money was found on her, but she took her purse, shook it in my face, and said, "This is my money."
Prisoner. Q. You said you had only 1s.? A. I said I was going home—I told her she had better go home—I do not remember saying I had 1s., or that I would go with her.
Prisoner. I took my purse from my bosom and said, "Is this your money?"—he said, "No you could not have put my money into your purse"—I put it in my bosom again—I had a hole in my frock and I lost it—I am innocent.
GUILTY . Aged 24.— Confined Three Months.
2486. CHARLES BLANDFORD and WILLIAM BOYD were indicted for stealing, on the 20th of September, 1 jacket, value 1l. 5s., and 1 pair of trowsers, value 10s.; the goods of John Williamson, in a vessel in a port of entry and discharge.
JOHN WILLIAMSON . I am seaman of the William Badger lying in the London Docks—Owen sung out something to me on the evening of the 20th of September—I ran on deck and saw Boyd in the act of jumping on shore—I ran after him, caught him, and brought him back—I looked at my chest and missed my jacket and trowsers—I saw my jacket on the prisoner's back under his shirt—I told him to take it off—he took his shirt off and said, "Here is your jacket, take it"—he belonged to my ship—he had no business with it.
HENRY BROWN . I belong to this vessel—I heard Owen sing out—I went forwards and saw Blandford pull these pantaloons off and heave them into the chain-locker—there had been a charge made of the robbery at that time—Boyd was on deck.
EDWARD OWEN . The two prisoners are seamen on board the vessel—I in consequence of some cause I kept watch about four or fire o'clock—I was between decks, and the rest of the crew except the two prisoners—I saw Blandford go to Williamson's chest and take his trowsers out of it—I immediately ran and told Williamson—he ran on deck—I saw Boyd take off his shirt and pull off Williamson's jacket.
Blandford's Defence. We got some money of the captain, I and Boyd went on shore and stopped till four or five o'clock, we then came on board quite in liquor—I knew nothing about the trowsers, and do not recollect seeing them.
BLANDFORD— GUILTY . Aged 22.
BOYD— GUILTY . Aged 21.
Confined Three Months.
ELLEN HUDSON . I am the wife of John Hudson—we live in Church-court, Strand. On the evening of the 21st of September my little child Ellen Hudson was at my mother's house in Tottenham-court-road, where I was visiting—she had a necklace on—she came in from the door and complained of losing her necklace from her neck—I found it was gone from her person—a boy pointed out the prisoner to me—I took him and accused him of taking the necklace—he positively denied it, and I was obliged to give him in charge—I took him two streets off, brought him back to the door, and then he dropped the necklace at his feet—I took it up—this is it.
GEORGE ANTHONY . I saw the prisoner in Tottenham-court-road about a quarter before five o'clock on the day stated, with another boy—I saw the prisoner push the child up a door way—he had his hand on the child's neck, and stooped—he then ran off and I pursued.
Prisoners Defence. I was talking to the other boy, and he went and took the beads off the child's neck.
GUILTY . Aged 12.— Transported for Ten Years.—Convict Ship.
(The prosecutor's name being George Caldwell Dickens, the prisoner was ACQUITTED .)
ROBERT EDWARDS . I live in Oxford-street, and am a wine-merchant. On the 20th of September, about seven o'clock in the evening, I was at a fancy fair, opposite the World's End public-house, Chelsea—I felt a twitch, turned, and saw my handkerchief, part in my pocket, and the other end of it was in the prisoner's hand—I took hold of his hand and collared him—he made a violent attempt to escape, and a gang got round me—this is my handkerchief, it was entirely out of my pocket, in the prisoner's hand.
Cross-examined by MR. PHILLIPS. Q. When you turned you saw part of the handkerchief in his hand and part in your pocket? A. Yes; but before I touched his hand he had it entirely out of my pocket.
(The prisoner received a good character.)
GUILTY . Aged 24.—Recommended to mercy.— Confined One Month.
JOHN CUMING WILLCOCKS . I am in the service of Robert Phillips and others, linen-drapers, High-street, Poplar. On the 21st of September the prisoner came to the shop, and asked to see some buttons—I laid three papers of buttons before him—I had occasion to go to the other end of the shop, and on my return he was gone, and one paper of the buttons—I went after him and caught him—I asked if he had been in a shop just above, he said, "No"—I said, "You are the person that came and asked to see some buttons"—he said, "I am not"—I asked him to go back with me—we went part of the way—he then took these buttons from his breast pocket and threw them down—he attempted to make his escape, but was taken by a person behind.
Prisoner. I went to the shop, and wanted a dozen buttons—I thought these were for me—I put the money down. Witness. No, he did not put the money down.
Prisoner. I was very much in liquor.
GUILTY . Aged 23.— Confined Three Months.
THOMAS RICHARDS . I am a sailor, and live in Bluecoat-place, Shad-well. On the night of the 3rd of September I went to a public-house at the corner of Angel-gardens, and sat down—somebody wanted to kick up a row with me—one coloured man like me was sitting on the other side of me, and then they began to kick up a row—I got between them, and said they should not fight—then the prisoner came and put his hand into my pocket, and took out my money—he turned round to give me a glass of beer—I said, "I don't want any beer, give me my money"—I
had 11s.—I was 4s. 6d. short—I am his hand was in my pocket—I took hold of him, and six or seven persons round got him from me—he ran up a court—I had sent for a policeman.
Prisoner. I am quite innocent; the prosecutor has received the money from my friends.
THOMAS RICHARDS re-examined. His friends offered me the money two or three days—I said I could not take it—they called me into a public-house, and offered me 10s.—I said, "No, it is too late," and then they brought it and left it with a woman—I would not take it—I gave it back to the woman—I was sober when he took it.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Nine Months.
JOHN JAMES . I am apprentice on board the Ealing Grove, in the East India Docks. The prisoner was on board the ship on the 18th—I saw him with my shoes on him—I told him they were mine—he said, "I don't think they are yours"—he took them off—when I lost them they were hanging on one of the beams on the half-deck—his shoes are quite different to mine.
Prisoner's Defence. I was in the hold of the ship, and saw the shoes down in the cuddy; I held them up to one of the men; he said, "You have them;" I said, "Very well."
(The prisoner received a good character.)
GUILTY .* Aged 30.— Confined Two Months.
WILLIAM WEST (police-constable F 106.) On the 2nd of September I saw the prisoner in the Strand—I had been watching him some time—I taw him go up to Mr. Charles Eckloff, and take the handkerchief out from his right-hand coat pocket, and place it in his breeches, in front—I asked the prosecutor what he had lost from his pocket—he said, "My handkerchief"—I put my hand into the prisoner's trowsers, in front, and took out this handkerchief—the prosecutor said, "It is mine"—he went with me to Bow-street, and gave his name "Charles Eckloff," but the clerk did not put his address down, and that is the reason why be does not make his appearance—I heard him say it was his handkerchief, and charge the prisoner with robbing him.
Prisoner. I was looking in a picture-shop; there were two or three boys round; one was whistling like a blackbird; I turned, and this handkerchief was at my feet; I picked it up, and put it into my trowsers; the policeman could not see me take it from the gentleman's pocket, as I did not do it; he said to the gentleman, "The boy, I think, took something out of your pocket, but I don't know what,"—then he came and took
the handkerchief out of my pocket. Witness. I could not be mistaken in any way—I was close to him, looking over his shoulder, as he drew it out—I was in plain clothes.
GUILTY . Aged 15.— Confined Three Months.
CHARLES COCKBURN . I live with John Saunders, a cheesemonger, in King's-road, Chelsea. On the evening of the 22nd of September, in consequence of what Dixon told me, I missed a piece of bacon—I pursued and caught the prisoner, I brought him back, but could not find the bacon—I said, "Perhaps you have chucked it over Mr. Wild's gate"—I went back, and could not find it—I then took off his hat, and found this bacon in it.
GUILTY . Aged 18.— Confined Three Months.
GEORGE COURTICE . I am shopman to Daniel Butler, a tailor, in King-street, Hammersmith. On Tuesday morning I hung these pair of trowsers on the rails in front of the shop—I missed them on the Wednesday—did not sell them to either of the prisoners—I did not see the prisoners to my knowledge.
JOHN HANSLOW (police-constable T 68.) I was on duty in Old Brent-ford on the 21st of September—I saw the three prisoners coming up the town—about a hundred yards before they came to me, they crossed—when they came opposite me I crossed, and saw Porter had got something—I asked what they had got—they all three said they had got a pair of trowsers—I asked where they bought them—Porter said he bought them between Wigmore-street and the station—the others confirmed it—I took them to the station, and asked what they gave for them—Porter said, "Half-a-crown"—they all agreed to that—the next morning I found Mr. Courtice—I am sure Porter said he bought them—he wanted to take off his trowsers, and try them on—he had them concealed under his jacket.
Sullivan. I am innocent—the policeman has said a great many false words.
Porter's Defence. I bought them of a Jew in Marylebone-lane.
PORTER— GUILTY . Aged 16.— Confined Three Months.
NOT GUILTY .
I missed this cap at twenty minutes to two o'clock the day before yesterday—I bad seen it safe a quarter of an hour before.
MICHAEL COWEY (police-constable H 138.) At half-past nine in the morning of the 23rd of September I was on duty in Shoreditch—I saw the two prisoners running towards me from the direction of the prosecutor—Ellen had something under her shawl—I stopped her and asked what it was—she said her brother's cap, which she had brought from home—I took them to the station, and found Mr. Stewart, who claimed the cap.
Ellen. I bought it over London-bridge for my brother, and gave 10s. for it. Witness. She did not say that till she was before the Magistrate.
ELLEN CAMPBELL— GUILTY . Aged 15.— Judgment Respited.
SUSAN CAMPBELL— NOT GUILTY .
SARAH THOROGOOD . The prisoner came to visit his wife who lodged with me on Friday, the 17th of September—I went out, and left my watch and two spoons at home in a box—I returned between ten and eleven o'clock, and missed the watch, two spoons, and an ornament—these produced are mine—I can swear to them.
Cross-examined by MR. PAYNE. Q. How do you know them? A. I have no particular mark on them—I have had the watch seventeen year—the spoons have "I. S. T." on them, the initials of myself and my husband—I did not know the prisoner or his wife before she came to lodge with me—I heard the prisoner's goods had been seized—there was no quarrel with him and his wife.
HUGH STANGER . I am a watchmaker, and live in Old Street-road. On the 17th of September, the prisoner brought this watch to have a new glass pat to it, and a pair of hands—he did not like the hour-hand, it was so broad—I told him I would get it done by eight o'clock on Saturday—the watch had no case when it was left—I said, "Where is the outside case?"—he said at home—when he came for it, the officer was there and took him.
Cross-examined. Q. Did you get no information from the wife of the prisoner? A. Yes, and from that I went to the pawnbrokers, and found the man.
(The prisoner received a good character.)
GUILTY . Aged 27.—Recommended to twercy.— Confined Three Months.
WILLIAM ROWLAND GLADWIN . The prisoner was in my employ as a journeyman smith in July last—he bad been authorised to receive the wages for Bingley on the Saturday before this, but not for any one else—William Gittings was a clerk of mine—I generally pay them—if I do not, he does—I did not authorise the prisoner to go to him to get money for Mills or Vickers.
WILLIAM GITTINGS . I am clerk to Mr. Gladwin of Watling-street—the prisoner had been in his service—he left on the 17th of July, about one o'clock—on that day he came to the counting-house, and said he came for the men's wages at Kensington—I said, "Whose do you want, Bingley's?"—he said "I want all"—he said, "I have seen Mr. Gladwin, he told me to take all the men's wages but Tennants"—in consequences of that, I paid him Bingley's, Vickers's Mills, and Woodcock's—1l., 2s. for Vickers, and 18s. 4d. for Mills.
Prisoner. When I came from the palace to receive the wages, my master was getting into the chaise—he gave the clerk a 5l. note to get change to pay the wages.
MR. GLADWIN re-examined. I was going out, and wrote a cheque—the clerk went to the banker's for the money—it was to pay the men themselves, not to pay the prisoner.
GUILTY . Aged 20.— Confined Six Months.
NOT GUILTY .
GUILTY . Aged 34.— Confined One Year.
Before Mr. Common Sergeant.
ELIZABETH GRANGER . I am wife of John Granger, a shoemaker—we live at Stratford—the prisoner lodged with us for two or three week. On the 27th of August, I missed one sheet—I searched for it, and missed the two candlesticks, and the other sheets—the prisoner confessed she had taken one sheet.
Prisoner's Defence. I was in great distress—I offered the prosecutor to go to a lady who would have given me 10s. from a benevolent society.
(The prisoner received a good character.)
GUILTY . Aged 39.— Confined Two Months.
Before Mr. Sergeant Arabin.
JOSEPH MILTON . I am looker-on for Mr. Thomas Circuit, a market-gardener at East Ham—the prisoner worked for him—on the evening of the 1st of September, after I had paid her, 1 had suspicion that she had something in her basket that did not belong to her—I overtook her on the way to Barking as she was going home, and challenged her with something more than was right—she said, "I own I have got a few onions, but the other women, who have gone on before me, are all alike"—I called one of the other women back, and searched her, but she had not got any thing—I found in the prisoner's basket a bag with about half a peck of onious—these produced are them—I believe they are my master's—it was not five minutes before I overtook her.
Cross-examined by MR. CARTEEN. Q. What is the value of the onions? A. 4d.—my master had about one hundred females in his employ—I have known the prisoner from her childhood—I never heard any thing against her—she was taken before the Magistrate the next day, and bailed—I believe these are my master's onions.
THOMAS LAKE . I work for Mr. Circuit. On the 1st of September, I was housing the onions—the prisoner was assisting me—I saw her put onions into her pocket from time to time, between four and six o'clock—she left at six, and went away with the onions in her pocket—I told the looker-on, and he followed her.
Cross-examined. Q. Were you before the Magistrate? A. No—I was not ordered—I saw her do this when she thought my back was turned—I did not stop her.
Q. Did you ever take a few onions yourself? A. I am allowed to take any thing I want for my own eating—I live in the yard, and am allowed my vegetables, but others are not.
WILLIAM BEDFORD . I am a policeman—I received the onions, and went to the prisoner's house—she was up stairs—I called her—she came down and said, "I suppose you have come about those onions?"—I said, "Yes, I have"—she said, "It is the first time I ever did such a thing; I should not have done it now, but was induced, seeing other women do the same."
(The prisoner received a good character.)
GUILTY . Aged 30.—Recommended to mercy.— Confined Five Days.
Before Mr. Sergeant Arabin.
GUILTY . Aged 15.— Confined Three Months.
Before Mr. Recorder.
2504. ELIZABETH LANGFORD was indicted for feloniously assaulting Lucy Midmer, on the 16th September, and cutting and wounding her in and upon the forehead, with intent to do her some grievous bodily harm.
LUCY MIDMER . I live in Queen-street, Greenwich, and am the wife of Joseph Midmer, a greengrocer. On Thursday, the 16th of September, I heard the prisoner scolding some children, and two of mine were among them—I saw her up with her fist, and knock my little boy down—he is three years old—I ran down to take the child's part, and asked why she knocked him down—she said she would do it, and she would knock me down afterwards—I said, if she did I would make her pay for it—I then went to my own room—I had not been there long before I went out again, and she was at her own door eating some meat and bread—she had a knife in her hand—she began to abuse me, and said, "D—you, and b—you, and your children too; all your children are b—thieves"—she aggravated me till I hit her over the head with my hand, but I did not hurt her—she then pushed me against the wall, struck me, and cut me on the lip and eye with the knife she had in her hand—it was done on purpose—I called her a b—h, for in my passion, and the blood pouring, I was frightened—she said she knew she had cut me, and she would, for she meant to do it, for she would have my life—I tried to get the knife away from her, and a young man passed me at the time—I asked him to help me—I fell to the ground—the prisoner was rather tipsy—I had quarrelled with her before about her conduct to my children.
Cross-examined by MR. PAYNE. Q. You had gone into your home, after this striking of your child, and come out again? A. Yes, and she began to abuse me as I was passing—she called my children those names, and aggravated me—I did not go away, because I did not know the danger I was in—I saw she had a knife—she was drunk, but knew what she was about—I was very quiet in passing, and did not say a word to her—I was in a bit of a passion myself—after I took way the knife she stack me again—I just touched her on the head with my open hand, it was very slight—I did not hurt her—it did not send her against the wall—she had no bonnet on—I tore her cap—I pushed her down upon the ground—I called her a good-for-nothing old b—h—a man helped me to get the knife from her, and I did get it—I said so before the Magistrate—I do not know what became of the knife—I did not strike her, tear her cap, and push her down after I got the knife away from her—I got it away by a young man's assistance—he is not here—I am a tee-totaller.
JOHN SMAIL . I am a labourer at Greenwich, and live in Hogg-court. On the evening of the 16th of September I saw the prosecutrix blowing the prisoner up for knocking the child down—the prisoner said her children were nothing but b—thieves—she had a knife in her hand at the door, eating some bread and meat—she aggravated Mrs. Midmer, who hit her—she shoved Mrs. Midmer against the wall, and struck her with the knife—she made a blow at her with it purposely—directly the knife came from her, the blood began to pour on the stones—the knife fell on the ground—the prosecutrix was taken to the doctor's—I went with a policeman to the prisoner's—the policeman could not get the knife—he went next afternoon and got it—the prisoner's daughter gave it to him—she had such a knife as this now produced in her hand at the time—I described it the same night.
Cross-examined. Q. What may you be? A. A labourer, at Mr. Persham's,
a cow-keeper—I have been in trouble—I was up here five year ago, for taking 8d. from a boy in the Park—not snatching it with violence away from him—I had three months at Maidstone—Mrs. Midmer is a very quiet woman, I never saw her violent—I never saw two or three persons holding her—I have known her three or four years—I have only been in trouble once—I was never in any prison besides, or before any Magistrate—I have been at work for the last twelve months—I heard the prosecutrix call the prisoner a good-for-nothing old b—h—that was after she was struck—I did not hear her say any thing to the prisoner when she was at the door—Mrs. Midmer hit her on the head—the prisoner was not sober, she was half tipsy—she seemed to know what she was about—the prosecutrix got her down and tore her cap—that was after she came from the doctor's.
WILLIAM STRATTEN . I am a surgeon. The prosecutrix was brought to me on the evening of the 16th of September—there was a small wound on the forehead, and a slighter one on the upper lip—the one on the fore-head was a clean cut wound, about three-quarters of an inch in length—a superficial wound—the wound on the upper lip was such as a table-knife would inflict.
Cross-examined. Q. There was nothing dangerous about them? A. Nothing whatever.
JOHN WALKER (police-constable R 152.) I apprehended the prisoner in the evening, and told her I took her into custody for cutting and wounding Mrs. Midmer—she said she had done it, and was sorry for it—she was apparently drunk—she has been in the habit of being drunk, for four or five years.
Cross-examined. Q. How long have you known Mrs. Midmer? A. Some time—she is very hasty, very hot, and a very violent woman—she is very strong for her size—I have experienced her violence once or twice—she is very industrious, but very violent—I believe the prisoner to be a hard-working woman, but given to drink—her husband has been lamplighter in Greenwich Hospital for fifty-three years.
GUILTY of an Assault. Aged 60.— Confined Three Months.
Before Mr. Common Sergeant.
CHARLES STAGG . I am a labourer, and live at Blackheath-hill. On the 15th of September I took a pair of boots to the prisoner's house to repair—he lives close by me—he sold them—I took them to him to be mended.
NOT GUILTY .
JOHN VENALL . I am a Greenwich pensioner. About one or two o'clock in the morning of the 28th of August, I was coming up Queen-street, getting towards the tap—the prisoner, who was standing outside, asked if I would treat her with a pot of beer—I said as it was Sunday I did not suppose she would get it—she said, "If you find money
I will find beer"—I pave her a sixpence or a shilling—she got it in a can and brought it into her own house—I went in with her—we sat down, and partook of this beer between us—I was rather heavy, and fell asleep on the back of the chair—she rifled my pockets, to try to get something—this 5l. note was tied up in the tail of my shirt—she pulled it out from there and took it from me—I awoke the moment she took the 5l. note out of my shirt—I found her doing it—it belonged to a widow named Burrows—I had picked it up in her house, as she and her daughter were removing—I called the daughter, and said, "Here is the 5l. note that you and your mother were locked up for;" and her mother told me to take the note in charge.
MORRIS GRAHAM (police-constable R 57.) I was on duty and took the prisoner—I found the note close under where she was sitting in her room—the prosecutor was in the room—she was trying to turn him out of the house—he said he had lost a 5l. note—she said he had got no note—there was a piece of paper on the table—the prosecutor said, "That is the paper my note was wrapped in"—the shirt appeared to have been cut with a pair of scissors, and there was an old pair of scissors by there—the prisoner was calling the police, to turn the man out—when I entered the room the flap of his shirt was out of his trowsers.
Prisoner's Defence. I was sitting at the door with three women; the prosecutor came down the street with two fourpenny pieces between his fingers; he said he was going to spend them; the women asked him to treat them; he said he would; we went to the Red Lion public-house, and had a pot of sixpenny ale, and two pots of half-and-half, which he brought to my place; I left them, while 1 went to get a candle; when I came back the women were gone, arid the prosecutor was sitting in a chair asleep, and was awoke by the noise he made about his money; he found the money he said he had lost at his feet.
GUILTY . Aged 44.— Confined Six Months.
WILLIAM SLOWLEY . I am waiter at the Eight Bells, at Greenwich, About half-past eight o'clock, on the 2nd of September, the prosecutor came to our house—he was not what I should call drunk—he had only a pint of half-and-half in our house—he offered me half-a-sovereign—I gave him two half-crowns, and the rest of the change—he put it into his pocket, and left.
ANN BENNET . I met the prisoner at the Eight Bells—she had been drinking—she called me over, and asked me to drink out of a pint of half-and-half, and asked me to sit down at the side of her—I did so—she asked me if I could show her where to get a lodging—I said I believed I could—I was taking them towards the lodging, and the man fell down—she said she would pick him up—she took out two half-crowns and 3s. 3 1/2 d. from his pocket.
GUILTY . Aged 46.— Confined Six Months.
MR. PHILLIPS conducted the Prosecution.
NATHANIEL WEGG . I am a licensed victualler, and live at Greenwich. The prisoner was my bar-man for six weeks—on the 8th of September I marked some money, and gave it to Mrs. Walker, with directions—in consequence of a communication, I sent for a policeman—the prisoner was given into custody—he denied having robbed me—I desired him to be searched, and found on him one shilling and a sixpence—they were marked, and were what I had given to Mrs. Walker.
Cross-examined by MR. CLARKSON. Q. What money was there in the till the night before? A. 2l. in one till, and two shillings, two sixpences, and two shillings' worth of halfpence in the other—next morning there was 2l. and three half-crowns—I have a gold till—there was no gold in the till overnight—in the morning the half-sovereign I marked, and gave to Walker—we put one fourpenny-piece into a little glass—I saw the four-penny-piece there, but I missed the two shillings and two sixpences.
MARY WALKER . The prosecutor gave me the marked money, a half-sovereign, two shillings, two sixpences, and one fourpenny-piece—I went to Mr. Wegg's at half-past eight o'clock in the morning—I purchased a gallon of rum, and gave the prisoner the money—I saw him put some in to a glass, and the other into the till.
JOHN WALKER (police-constable R 182.) I took the prisoner—he said he was willing to be searched—I searched him, and found on him one shilling and a sixpence marked, and 2s. 6d. not marked—he said he had no money of Mr. Wegg's.
Cross-examined. Q. Did he not offer to have his box searched, and produce all he had? A. Yes—at the station he said he had taken 1s. 6d. to repay himself for money he had advanced, and the rest he put into the till.
NOT GUILTY .
Before Mr. Recorder.
2509. WILLIAM SCOTT was indicted for burglariously breaking and entering the dwelling-house of our Lady the Queen, on the 20th of September, at Woolwich, about the hour of two in the night, with intent to steal, and stealing therein, 2 coats, value 7l.; 2 pairs of trowsers, value 10s.; 15 handkerchiefs, value 8s.; 1 scarf, value 5s.; 1 hat, value 1s.; 2 shoulder-straps, value 10s.; 1 pair of gloves, value 6d.; 1 snuff-box, value 6d.; 10 buttons, value 5s.; 10 split rings, value 2d.; 1 breast-pin, value 10s.; and 1 pair of epaulettes, value 1l. 12s.; the goods of Henry Clerk.
GEORGE HARRIS (police-constable R 158.) On the morning of the 21st of September I was in Deptford Broadway, about five o'clock I saw the prisoner carrying a bundle—I stopped him, and asked him what he had got—he said some regimentals and plain clothes belonging to his master—I asked who his master was—he said, "Lieutenant Forbes, of the Royal Artillery, Woolwich;" that he was in waiting on Prince Albert at the Palace, and a French valet, who was also in attendance, was to meet him at a coffee-house near London-bridge, to receive the bundle of him—I took him to different coffee-shops in the neighbourhood of London-bridge—we went on to another, he said that was the house—he
came out, and said it was not the house—he then threw the bundle down and ran away—I pursued him—a scuffle ensued—he threw me down, and I took him—I afterwards found the bundle at a shop in Bishopsgate-street Within, next door to the coffee-shop we had been in—I had assistance to secure him—the bundle contained the things stated in the indictment—there was a black silk handkerchief round his neck, and the straps in his hat, which was thrown away, and picked up—I produce the articles.
WILLIAM FEARN . I am a labourer in St. Katherine's Docks. On Tuesday morning last I came up when the prisoner and Harris were struggling together—Harris was on the ground—I heard him call for assistance—I helped to secure the prisoner.
HENRY CLERK . I am lieutenant in the Royal Artillery, at Woolwich. These things are mine—my name is marked on the handkerchiefs—they were taken out of my barrack-room at Woolwich on Monday night—I had seen the hat and handkerchief safe that night, and the other things shortly before—on searching my drawers, I missed the things stated—when I returned to my quarters on Monday night, the 20th, I shut my door to—it was fastened by a common lock bolt—I was not aware of my loss till nine o'clock the next morning—they must have been taken between twelve o'clock at night and five in the morning—my barrack-room is in the parish of Woolwich, in Kent—they are the Queen's barracks—I have recovered the snuff-box, containing the buttons and the other things—the whole are about 10l. value.
FRANCIS ROSS . I am a gunner in the Royal Artillery, and servant of the prosecutor. I went to his quarters at five o'clock in the morning of Tuesday, the 21st of September—the door of his apartment was quite open—I went in to take my master's things out—I saw the chest of drawers wide open, the clothes in them scattered about, and the articles found on the prisoner missing.
JAMES HONNOR . I am a greengrocer, in Southampton-place, New North-road, Islington. I was in New-street, Bishopsgate—I heard the officer give the alarm of "Stop thief"—I saw the prisoner running with all his speed up New-street—he threw his hat away, and these shoulder-knots dropped from it.
Prisoner's Defence. I got these things from a person on the road, to carry to London; he afterwards went away and left me; I carried them on, till I was stopped by a policeman; knowing I had done wrong, I said I was going to take them to the coffee-shop, and for fear of being detected, I threw them away.
GUILTY . Aged 36.— Transported for Ten Years.
Before Mr. Recorder.
2511. JOSEPH WILLIAM BERRY was indicted for breaking and entering the dwelling-house of Joseph Berry, on the 8th of September, at Camberwell, and stealing therein, 9 spoons, value 1l. 14s.; 1 pair of Sugar-tongs, value 10s.; 1 watch-guard, value 12s.; 1 watch, value 1l. 10s.; 4 shillings, and 1 farthing; the property of Thomas Marr; and that he had been before convicted of felony.
THOMAS MARR . I live at No. 6, Grove-place, Kent-road, in the parish of Camberwell, in the house of Joseph Berry, the prisoner's father. The prisoner lived there—I came home to my dinner on the 8th of September, about a quarter-past twelve o'clock, and left about one, leaving my wife at home—I was fetched by the prisoner's mother, and found my door open, my drawers wrenched open, and missed the articles stated in the indictment—I found a chisel on the drawers—I could not observe any marks which the chisel bad made, but the drawers were rather broken.
MARY MARR . I am the prosecutor's wife. I went out that afternoon with my children—I locked the bed-room and sitting-room, and took the key with me—the drawers were locked and safe then—I did not return till the evening.
MARY BERRY . I am the wife of Joseph Berry, and live in Grove-place. The prisoner is my son—the prosecutor lodges in my house—on the afternoon of the 8th of September I happened to take up the prisoner's jacket, which he had hid in the corner of a bench, going out into the back-yard, and found in it half-a-dozen spoons, two German-silver salts, a mustard-spoon, a pair of sugar-tongs, four shillings, and a farthing—I asked him where he got them—he directly said he had broken open Mr. Marr's drawers—I locked the prisoner in the room till Mr. Marr came home, and then gave him in charge, and delivered the property up to Mr. Marr—we hunted for the watch, but did not find it till after he was gone—it was then found in a hat of my little boy's, which was hanging on a nail—the prisoner had not had his jacket on that day, as he had not been out—it had been hanging on the back of the dresser in the kitchen—he has been a very bad boy for the last six years.
THOMAS BECK (police-constable P 189.) I produce a certificate of the prisoner's former conviction, which I got from the Clerk of the Peace for Surrey—I know the prisoner—I was present at his trial at the Newington Sessions, on the 6th of August last—he is the person mentioned in this certificate—(read.)
GUILTY .** Aged 16.— Transported for Ten Years.
2512. WILLIAM WELLS was indicted for feloniously assaulting Francis Crawford, on the 30th of August, and cutting and wounding him, in and upon his head, with intent to do him some grievous bodily harm.
FRANCIS CRAWFORD . I am a fruiterer and green-grocer, and live at No. 25, Martin-street, Friar-street, Blackfriars-road. On the 30th of August I was at the Yorkshire Stingo, in Blackfriars-road—on coming out the prisoner asked me to drink a little beer, which he had in a quart pot—I refused—he drank it up and requested me to pay for a pot for him—I said no I could not—he then called me an old b—and knocked my hat off—I said, "You are a rogue for doing so"—he then struck me in the mouth—I think he must have been a little intoxicated, but not so
much as not to know what he was about—I went out and had got about two hundred yards, and near my own house, when I met a bedstead maker, named Lester, and his man, who I had appointed to meet me at the public-house—Lester laid hold of my arm, and while talking to him the prisoner came up again, struck me, and said, "You old b—I have over-taken you," knocked me down, and when down he scraped his foot along from the tip of my nose to my ear, and took off the skin—he was pulled off by two parties that were there, and then I heard him say to his wife, "Fetch my sword"—he went away, went up stairs, and fetched his sword—he only lived about four doors from me—I have known him for two years by sight—I saw no more of him till I felt something very heavy on my head—he must have come back with the sword—I was wounded, and lost a great deal of blood—I was taken to St. Thomas's Hospital—I am quite sober now—I am often times faint from the loss of blood—my constitution is more weak than it was, but I have no pain in the bead.
Cross-examined by MR. CHARNOCK. Q. What have you been drinking to-day? A. A little porter, with some bread and cheese, over the way—I had two pints, one about eleven o'clock, and the other not long since—I had two pennyworth of brandy about ten, as I felt faint—I have taken nothing else—no gin, rum, or ale—I am as sober as I wish to be—I am not living with my wife—I had been about half-an-hour at the Yorkshire Stingo when this occurred—J was quite sober then—we had had spot of half-and-half between three of us, and I think a fourth drank out of it too—I drank nothing more there—I had had a pint of beer at my meals—I might have had two or three, or three or four pints that day, including my dinner beer—I had had no brandy or any liquor that morning—Farmer, Myers, and I came out of the Yorkshire Stingo together, and we had gone in together—we were the three that drank the pot of half-and-half, and I believe somebody else had part—I have been in custody lately for an assault on Mrs. Dixon, a ba—y-house keeper, next door to me—I rent two houses—I have lived there two years and a half—Dixons have moved in since I have lived there—I was taken before a Magistrate and fined 5l., which I paid—it was a misunderstanding—I was not guilty, but I suffered as guilty—Mrs. Dixon had pelted me with mud, bricks, and tiles and whatever she could lay hold of, and pulled a bell down which I have at my door—I stooped to pick it up—she ran to throw something at me, and hit her head against the bell—I was held to bail, myself in 10l., and two sureties of 5l. each—that is the only assault I have been fined for that I know of—there might be another forty years ago, for treading on my mother's toes, may be—I am fifty-six years old—I can-not tell how often I have been in custody of the police for the last five years—I will swear it is not ten times—it may be three or four—I will swear it is not six times—do not ask me such foolish questions—I should say if it was four times it is as much as it was—I will say four times to oblige you—I was never in custody for any theft—the assaults were for having a few words with my wife—it was a family quarrel, not with any neighbour—I was taken on a warrant on all those occasions except Dixors case, and now I have held Mr. and Mrs. Dixon to bail for insulting me—on the other four occasions I was taken on a warrant for assaulting my wife and was acquitted—I think one I found bail for—my wife is a very gay woman, and goes to plays and such like, and I do not like to put up with it—I think it is high time she should go to church or
chapel instead of masquerades—my wife did not appear against me when I was held to bail—I did not say as I came out of the Yorkshire Stingo, "Here is b—old Wells, have you got any beer"—that I swear—I do not know who the prisoner had been drinking with—I do not know whether a man named Hayward was there, or a female—the prisoner sat at the end of the form as I came out at the door, and asked me to drink—I said, "No, no more for me to-night"—he then drank it up, and asked me to be his friend, to pay for another pot, which I did not agree to, as I work hard for my money—on my oath the prisoner struck me first, and without any provocation—I did not throw any thing at him, nor ever insulted him in my life—I never threw a brick-bat at him, nor did Myers throw any thing at him to my knowledge—I did not see him—Myers said, "Don't ill use the man"—I did not see him put himself in a fighting attitude—I left the Yorkshire Stingo directly after I was struck, and did not see the prisoner again till he overtook me, and struck me in the mouth just against my own house—I did not say any thing to him before that—the blow knocked me down—he then called to his wife to fetch his sword—she did not bring it, and he went and fetched it himself—I had got a little further off then—I did not think he would come back with the sword—I did not see him till I felt the sword or something heavy on my head—I cannot say whether the sword was in the scabbard or not—I was stunned with the blow and bled about a pint—this was all done without any cause, unless it was because I would not pay for a pot of beer for him—I made use of no violent expressions—I think the prisoner must have been in liquor, but he was not so drunk but what he could run after me two hundred yards—I was sober—I said never quarrelled with him before—I remained in the hospital till the next night—I was dressed and put to bed on milk diet and toast and water—I had beef to eat, because I had money to send for it, and I had about a pint of their table-beer, because could not get any other—I had no gin there—when I came out next evening, I went for the keys of my stable to the Two Brewers public-house—I had left a man to take care of my horse, and he had left the key of the stable at the Two Brewers, which is close by my house—I went there about seven, and staid there about half-an-hour—I had three half-pennyworth of shrub in some cold water, nothing more—I then went to feed my horse—I went to no other public-house that evening—I might have had a little beer, but nothing to hurt me—if I had any it was but half-a-pint, but I cannot say—I did not go to the Bridge-house public-house that evening, nor to any other.
JOHN ANTHONY FARMER . I am a japanner, and lived in Martin-street, but have since removed from there. I was in company with the prosecutor and Myers at the Yorkshire Stingo—when we were coming out, I heard the prisoner say to the prosecutor, "Will you drink?"—the prosecutor said, "No I Will not"—the prisoner said, "Will you fill this pot?"—he said, No"—the prisoner said, "Then don't, you old b—"—the prosecutor up with his hand, pushed him on one side, and said, "Go on one side, you old rogue"—the prisoner then struck him across the mouth, and made it bleed—after he had done that, he challenged him out to fight—I and Myers interfered, and pushed the prisoner on one side—we advised the prosecutor not to fight, but to drop it, to put up with it, and to come off home, which he did; and just by his own house he met the parties he was about to take a house for; and as we were going across the street, the prisoner overtook
the prosecutor, struck him behind with his fist, and knocked him down to the ground—his friends we had just met took his part, by turning round and challenging the prisoner to fight—they did not touch him—the prisoner then went into his house, and the door was shut—he came out again in six or seven minutes, with a sword in his hand, flourishing it about, and said, "Now then, I will do for you"—he turned to the right, and was going to make a cut at a man, but he found it was not the prosecutor, and he did not strike him—he then turned round the contrary way, and found the prosecutor, cut him over the head, and felled him to the ground—he was then going to cut him again—he held the sword by the blade, and hit him with the hilt—the blade is not sharp at the edge—I saw the prosecutor covered with blood from the wound—I and two more assisted in picking him up, and conveyed him to a surgeon's in Hlackfriars-road, who dressed his wound, and we took him to the hospital—there was a great deal of blood.
Cross-examined. Q. Who was present at the Yorkshire Stingo on this occasion? A. Myers, no one else, whose names I am acquainted with—I do not know John and Henry Hay ward—the prisoner was standing out side the house when I came out—I followed the prosecutor out—I was behind him—I saw the commencement of it.
Q. Then it is not true if any body states you were not there at all? A. I defy any one to state I was not there, because I was there—I was in company with the prosecutor an hour before the occurrence took place—the prosecutor did not say, "Here is b—old Wells, have you got any beer?" nor any words like that—all he said was, "Get away, you old rogue," when the prisoner called him an old b—,—I did not hear any one say, "Draw it mild, as there is a female in company"—I did not see a female present—there might have been one, but I did not observe one—after the striking took place the parties separated, and I should say, in eight or ten minutes the prisoner overtook the prosecutor—the prosecutor was quite sober, and so was the prisoner, I should say—I should say not one in the whole company was intoxicated—I have seen the prosecutor intoxicated occasionally, and I have seen him, for weeks and weeks together quite sober.
Q. Is he not quarrelsome when drunk? A. The reason he is so is, because people annoy him—I am sure the sword was not in the scab-bard—I cannot say where the sword struck him—it is not a thing the Prisoner uses in his trade—he is a composition-maker, I believe—this sword is full of blunts—I went with the prosecutor to the hospital—he came out the next night—he came and saw me, and I was quite astonished to see him out—he said he had not got the surgeon's consent to come out, but he had got his business to attend to—he went home and went to bed—no brick bats were thrown at the prisoner's door before he used the sword—I had thrown none, nor had Myers—that I swear—the prisoner was knocked down by two persons, Satchell, and another person, who is not here—Satchell kicked him while he was on the ground, to obtain the sword from him—he did not kick him in a certain part—he kicked him about the new—I cannot say whether he knocked any of his teeth out—I did not see an—this was after the sword had been used, and I should have kicked him myself to get the sword from him—I did not kick him, but I consider any man was justified in doing so to get the sword from him—I am a japanner—I have been in several capacities—I have worked at the lapidary business,
and the watch-case making, and was in the metropolitan police force for about a year and a half—I was No. 80 V—I resigned about four year since—I was not discharged—I gave a month's notice previous to leaving—I had no intimation of my dismissal—I am out of work at present—I live at No. 3, Finch-street, now, with my wife—two females lodge with us—they are single—I do not know their names—they occupy the front room up stairs, but I allow them to have the use of the house—they pay 12s. a week—it is a furnished room—I cannot tell how they get their living—we do not have them for long—sometimes they stop a month or two, and sometimes twelve months—they change very often—the present ones have lodged with me about six weeks—I had only one before them—she stopped about nine months, and got her living in the same way—I do not know at what time they come home.
JOHN MYERS . I am a bricklayer, and live in Mina-place. I was in company with Crawford and Farmer, at the Yorkshire Stingo—I heard a dispute between Crawford and the prisoner! and saw the prisoner strike Crawford in the mouth—I had not seen Crawford push him aside before that—the prisoner asked Crawford to drink—he said no, he would not—he then asked him if he would pay for a pot for him—Crawford said no, he did not want any more that night, and then the prisoner struck him—I did not hear any more words between them—we came away towards home, the prisoner followed us down the street, came behind us, and knocked Crawford down—two men came up to shove him aside—he said, "What, two on one? I will go and fetch my sword"—he came again with the sword, went up to a man, found he was not Crawford, turned away, then came and struck Crawford on the head, and knocked him down.
Cross-examined. Q. Was Hay ward at the Yorkshire Stingo? A. I do not know him—Farmer was there—I did not hear the prosecutor say, "Here is b—old Wells, have you got any beer?"—the prosecutor was not tipsy—we had had a pot of half-and-half between three of us—the prisoner was not in liquor, that I noticed—I have never said that he was—I did not see any brick-bats thrown at the prisoner—I did not throw any at him, nor at his door—I swear that—I know Mr. Alsop, of Union-street, Borough, and Mr. Jennings—I am not under any charge at present at the suit of Jennings—I do not know anything about this piece of paper—(looking at one)—I have been spoken to by a policeman here to-day on that subject—he is not waiting outside for me as soon as I have given my evidence—I told him I was willing to go with him—he tells me he has a warrant against me—I have not seen it—he says it is for signing my name about some brushes, obtaining goods by false pretences, and he says, master says I have had some leathers away—the charge of obtaining two pairs of boots from Geal, of Oakley-street, Lambeth, is settled—I was out of work, and wanted to go to the fair, I went and got two pairs of boots in my master's name, and they were pawned by my direction—the prisoner was knocked down, and Satchell kicked him to get the sword out of his hand—I did not see any of his teeth knocked out.
JOHN SATCHELL . I am a cabinet-maker, and lived in Vauxhall-square, Lambeth, till last week. I met Crawford and Myers in Martin-street—I saw the prisoner come up—he said, "Man to man," and knocked Crawford down—I picked him up, and said, "What did you knock him down for?"—he said, "What, two of you? where is my sword?"—he ran and
got his sword, and ran towards another man—he then came back and said "What, you old b—, are you here again?" and knocked him down with the butt-end of the sword—I thought he might knock me down too, as he said he would do for two of us, or something, and I knocked him down and tried to catch hold of the sword—I caught hold of his wrist, and kicked him on his arm till I pot the sword from him—I saw Crawford bleeding very much, and took him to the doctor's, and from there to the hospital—the prisoner was two or three minutes gone for his sword.
Cross-examined. Q. Was the prisoner in a great rage? A. He seemed so—he was infuriated in liquor—I do not think Crawford was in liquor—I kicked the prisoner till I got the sword away—I tried to kick him in the muscle of the arm—I might kick him in the head—I did not knock his teeth out—I did not kick him in * * *, I swear that—I left Vauxhall-square about a fortnight ago—I lived there at the time I made my deposition—the prisoner seemed to be hurt a great deal—he did not lay his sword on the ground before he began and say, "Man to man, but two to one," or put his foot on the sword, and say, "I will fight any one of you"—when he ran towards the other man I believe he put it down and tucked up his shirt sleeves—when he ran down the street, and knocked Crawford down, he said, "A fair fight, man to man"—the sword was not in the sheath—I did not throw any brick-bats at him, nor did any body.
THOMAS FRYER . (police-constable M 146.) I took the prisoner into custody on the 31st, and told him what for—he said he had been very much ill-treated himself—I have produced the sword—I got it from his house.
Cross-examined. Q. He did not make any resistance? A. Not at all—he complained of an injury in a certain part, which he said he had received on that occasion—I was some time in getting him to the station.
RALPH MAPLETON . I am a surgeon. I saw the prosecutor's head when brought to the hospital—there was a severe wound in the back of the head, a large cut—the bones in the head were severely injured—there was the appearance of great loss of blood—I have seen the sword—it must have been done with some part of the edge—it was a clean incised wound—it did not extend through the bone, but completely through the external integuments—it was about two inches long—if it was held by the blade, still some part of the blade must have inflicted the wound.
Cross-examined. Q. How long did he remain under your care? A. He came in on Monday night about half-past twelve o'clock, and left about six the following evening, without our concurrence—I dressed the wound—he has not been under my care since—I have examined his head since—the wound is quite healed now.
(Witnesses for the Defence.)
JOHN HAYWARD . I am a picture-frame maker. I have known the prisoner twelve months, and live in a street or two from him—he is not at all a quarrelsome man—he is married, and has a family—on the 30th of August I was at the Yorkshire Stingo public-house, about half-past ten o'clock at night, with my wife and my brother—we were passing and I saw the prisoner sitting there—he asked us to take a drop porter, and we sat down with him—I had been seated there about half-an hour, when he pointed to the prosecutor, and said, "Do you see that person standing there? he is very drunk, and when drunk
he is a very quarrelsome temper; if he comes up to me, I shall leave your company"—in about five minutes the prosecutor came up to him and said, "What, is that you, Wells? they talk about locking me up"—the prisoner said, "I hope not; if I can do any thing to prevent it I will"—the prosecutor then left him, and came back again in about five minutes, and said to the prisoner, "Have you got any beer, you old b—?"—the prisoner said, "No, I have not, I am going home"—the prosecutor had got his arms folded—he began to use very bad language to the prisoner, calling him a b—old rogue and a swindler, without any provocation—the prisoner got up and asked him what he meant by calling him an old rogue—Crawford then put himself in a fighting attitude—I got between them, and told the prisoner he had better not strike, as the police were likely to come up, and they would get into the station—the prisoner did not strike him there at all—he shoved him when he put himself in a fighting attitude—I got between them, and prevented their fighting—Myers wanted to fight my brother, but I got between them, and parted them—Farmer was not there—the prisoner then went with me as far as the end of the street, and left me—I saw him about a hundred yards down the street, and saw nobody interrupt him, or he interrupt any body—in about half-an-hour I was sent for by the prisoner, stating that he had been very much ill-used—I went to him, and found he had been kicked in the mouth (I have seen Farmer about the neighbourhood—(looking at him)—swear he was not there) I found the prisoner's head had been cut with a brick, as he told me, and he had a half-brick in his place, which he said he was hit with, and he complained of being kicked in the * * *—his head was strapped up—he showed me his mouth, and he had one of his teeth kicked out—his mouth was bleeding—I am certain no blow was struck at the Yorkshire Stingo, more than the prisoner shoving him away, and then I got between them.
HENRY HAYWARD . I am the last witness's brother. I was outside the Yorkshire Stingo on the night in question with my brother and sister-in-law—the prisoner and prosecutor were there—Farmer was not—there were a great many people there—it was dark—I am sure Farmer was not there—the prisoner was sitting outside—I was drinking with him—he bad taken a good deal before—I saw the prosecutor come out of the public-house, and Myers with him—the prosecutor came up to the prisoner and asked him for a drink of beer—the prisoner said he had not got any beer—he then used most shameful language—I told him it was not fit language to use in female company—he then stood in a fighting attitude to me, which my brother prevented—Myers also wanted to fight with me—the prisoner got up—he did not do any thing further then, when the prosecutor stood before him, and called him all the old rogues he could lay his tongue to, he shoved the prosecutor—there was no blow struck there—nothing else occurred that I saw—I left them at the corner of Wellington-street, and went home.
COURT. Q. You saw nothing of what occurred with the sword? A. No—the prisoner merely shoved the prosecutor away when he stood in an attitude to strike—the prosecutor did not strike him on being shoved—there were no blows struck on either side, that I saw.
MR. CHARNOCK. Q. How long have you known the prisoner? A. Not above six weeks—he is a very quiet man, as far as I saw—the abusive language was from the prosecutor—the prisoner did not return it—I did not hear him say a word—Myers was going to punch my nose, and I
should have punched his, only my brother prevented us—the prisoner went away first from the Yorkshire Stingo—I did not see the prosecutor go—I was never in the prisoner's house—I have heard that the prisoner has a sword for cutting oft' his composition—we usually have a large knife nearly as large—(looking at the sword)—this looks as if it had been used—here is the composition on it—I heard the prosecutor say he would lie awake for the prisoner, he would serve him out in some way—he went away.
MARY ANN GREEN . My husband is a pipe-maker; we live in Martin-street, Friar-street. On the night of the 30th of August I was looking out of window—I believe it was between twelve and one o'clock, but I was awoke out of ray sleep, and cannot tell exactly the time—I saw Myers throw a stone into the prisoner's house—the prisoner was then in his own house—I only saw Myers throw stones—there were several persons in the street—I saw the prisoner come out of his own house with a thing in his hand which looked like a sword—he threw the sword on the ground, put his foot on it, and said he would fight man to man, but if any more interfered with him he would use the sword—with that they all rushed on him, and they wrangled a bit—and with that they fell, and the one who had his head cut (Crawford) fell on the stone of the next door—that was how he cut his head—they got wrangling, and took the sword out of the prisoner's hand—the prisoner went to hit him with the handle of it, but they rushed on him, and all fell together—Crawford fell, and Wells on the top of him.
COURT. Q. Then he never struck him? A. I cannot say—my window is on the first floor—there is a gas-light right alongside the window—the prisoner went into a fit after that, and was carried away, and the prosecutor was led away—I did not go down—I had gone to bed about ten o'clock, and thought I had been in bed two or three hours—I heard the prisoner's wife scream "Murder! my husband is being murdered!" and I got out of bed—the prisoner was in his house at that time—his wife ran out, screaming "Murder!" when the stones were thrown in—they were thrown in at the door—his wife must have opened the door—she ran out after the brickbats were thrown in—she opened the door before the brick-bats were thrown in, but I saw nothing of it till she screamed out—she was in-doors—she ran out screaming when the brick-bats were thrown in—I am quite sure I saw what I have stated—I live next door but one to the prisoner—my husband was asleep, and I did not wish to wake him.
Q. How did he get the sword, if it was on the ground? A. He took it up again—they prevented his using it by rushing on him—Farmer was not there till the prosecutor laid on the ground, and then I saw him run out of the Brewers' public-house, and pick the prosecutor up—that was the first he saw of it—the Brewers is next door but one to me on the same side—the other way to the prisoner's.
THOMAS FRYER re-examined. Q. When the prisoner complained of being much ill-treated, did he allude to any pelting of his house? A. Yes, he said they had thrown stones and brick-bats at him in his house—he did not say he came out of his house with the sword in his hand because they had done so—he did not say at what time it occurred—he told me he had witnesses to prove he had not fought at the Yorkshire Stingo—after
he was in custody I saw part of a brick-bat and a stone in his house, which his wife said had been thrown in at him—she did not say whether it was before or after the sword was used.
JOHN MYERS re-examined. On my oath I did not throw a stone or brick-bat into the prisoner's house, nor did any one in my presence—I do dot know how a brick-bat or stone could get into his house—Farmer was at the Yorkshire Stingo—he went with me and Crawford there, and came away with us, and we left the prisoner at the Stingo—I am sure I saw the prisoner strike Crawford in the mouth there—there were a great number of people in the street at the time the sword was used—it was a little after eleven o'clock—the public-houses were not closed—it could not have been twelve o'clock.
JOHN ANTHONY FARMER re-examined. I was there, and could bring the landlord and landlady to prove I was there—I swear I was in company with the prosecutor, and accompanied him to the house—I should like to ask Mrs. Green whether she has not received 14s. to come here and swear black is white.
GUILTY of an, Assault. Aged 45.— Confined One Year.
Before Mr. Justice Mauk.
2513. JAMES SPURLE was indicted for that he, on the 9th of August, at Lambeth, unlawfully and feloniously did set fire to a certain house, the property of one Joseph San Hancock, being in the possession of the prisoner, with intent thereby to injure and defraud the said Joseph San Hancock:—2nd COUNT, stating it to be his intent to injure and defraud the West of England Fire and Life Insurance Company:—3rd and 4th COUNTS, like 1st and 2nd, only stating the house to be in the possession of Charles Frederick Sickel and others:—5th COUNT, the same, only stating the intent to be to injure and defraud the said Charles Frederick Sickel and others:—6th COUNT, like the 1st, only stating the house to be in the possession of Charles Cordwent:—7th COUNT, for maliciously setting fire to and burning a house, the property of Joseph San Hancock.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
CHARLES CORDWENT . In June last I occupied a butcher's shop, parlour, and bed-room, No. 59, High-street, Lambeth—the prisoner is my first cousin. On the 7th of July I left High-street to go into Somersetshire—I left the prisoner in the occupation of my bed-room—I left the few articles of furniture I had in the room—they were not worth more than 5l. I suppose—I was not to be paid any thing for the use of this room—there was a person named Mattock in the house—he was not the landlord—I believe he was a tenant there—I had not insured my property at all before I left town, nor my room—I had not given instructions to any body to do so.
Cross-examined by MR. CHAMBERS. Q. How long had you lived there before you left London? A. I should say about nine or ten months—I
cannot say exactly—I went into Somersetshire, which is in the west of England—I do not know whether there is a fire-office there—I have been at Taunton since this charge has been made against the prisoner—I have been there the whole of the time—I do not know whether there is a fire-office at Taunton—I do not know whether the West of England Fire-office has an office there—I have not had the curiosity to inquire since this charge—I was first called on to give evidence on the 25th of August—I did not go before a Magistrate—I came to town on the 25th—I had heard of the charge long before.
Q. What furniture did you leave in the room? A. A bed and blankets, a pair of sheets, a bolster, a bedstead, and I think three chairs—the prisoner had lived with me before I went away—in the first instance I occupied the shop, parlour, and bed-room—I gave up the possession of the whole to my landlord, before I left, and afterwards took this same bed-room of Mattock—I left the prisoner to take care of it and these things for me—it was my intention to return—it was the room which I had at first occupied—I do not know that the prisoner and I have been reckoned a good deal alike—I must leave other people to judge of that.
MR. BALLANTINE. Q. Was it for the purpose of taking care of your things, that you left the prisoner in charge of the room, or did you allow him to use the things for his own benefit? A. I allowed him to use the things for his own benefit, as I thought it good thing for him as well as myself.
WILLIAM EDWARD HILLMAN . I am cashier in the London department of the West of England Fire and Life Insurance Office, 20, New Bridge-street, Blackfriars. On the 28th of July last I received instructions from the prisoner for the insurance of property in a house No. 59, High-street, Lambeth—the Company was established at Exeter, and the Directors sit there—the policies are written in London, and sent to Exeter for the signature of three of the Directors—they are responsible for what I do in London—the instructions given me, on this occasion, were to insure 100l. on stock-in-trade, as a butcher, and 100l. on household goods and furniture, in the name of Charles Cordwent—the prisoner did not tell me his name—I thought his name was Charles Cordwent—I understood it so—I acted upon those instructions—this policy was issued by another clerk, from the instructions which I took—it was issued by our office—I know two of the signatures to the policy, and I know the attesting witness—he is at Exeter, I believe—he is the Secretary of the Company—in consequence of the instructions I received, this policy was written and sent to the Directors in due course—at the time the instructions were given, I made an entry in this book—a receipt is given for the money at the time the instructions are given—I received 10s. 6d. from the prisoner on this occasion—supposing the policy to remain in the hands of the Company, after the premium is paid, the party would be entitled to be paid that policy—we have had instances of losses occurring before the policies were issued, but the Company always pay on the receipt—I gave a receipt to the prisoner on this occasion.
Cross-examined. Q. You gave a piece of paper? A. The usual office receipt—the Directors would pay any fair claims after thorough investigation—they would feel themselves bound in honour to do so—there is no investigation before a policy is issued on small risks—we do a good deal of business at our office—I am not the only person in London who acts
—the principal may do it, and the junior clerk in my absence, but not give a receipt—sometimes I may see 150 persons in the course of a day at the office—I certainly could not pledge myself to the recollection of every person who comes and effects a policy—the instructions were given on the 28th of July, and I saw the prisoner either on the 23rd or 24th of the following month at Union-hall—he was then standing by himself as the party charged—I first saw Charles Cordwent last sessions—I cannot tell precisely the day—I saw him with other witnesses—I did not know he was Charles Cord went.
Q. I suppose one of the very first things you do before you pay an insurance, is to ascertain that the person bears the name that he comes and asks to be paid in? A. The exact minutiae I cannot tell, because it is my duty to take insurances, not to pay claims—I have never been to the premises, and know nothing at all about the fire.
LOUISA SICKEL . I am the wife of Charles Frederick Sickel, and occupy an attic at No. 59, High-street, Lambeth. The prisoner occupied the one pair back room—he is a baker—I was in the habit of calling him of an evening to go to his work; generally about a quarter to eleven o'clock—on Monday evening, the 9th of August, I was in my room, in which I can bear what is going on in the prisoner's room—about a quarter before nine I heard him come up stairs, and heard some talking in his room—I did not hear what was said—the talking did not continue more than two or three minutes—it was the butcher-boy and the prisoner—the butcher's boy went down stairs, after asking the prisoner what time he should call him—the prisoner said, when he shut up shop, about nine or half-past nine—about ten minutes before ten I called him and told him it was ten—he said, "I know it is"—I then returned to ray own room—about ten I heard him run down the stairs—I heard him speak to some one when he got to the bottom of the stairs, but I do not know who it was—I remained in my room—I am quite sure the person who ran down stairs came out of his room—I then smelt as if there was wood burning somewhere, and went down stairs—about two minutes before the prisoner went out, I had heard the cracking of wood, which I thought might be by the striking of lucifer on the wall—it was after that that I smelt fire—when I went down stairs and came to the prisoner's door, I found the flames coming from underneath the door, and at the side of the door—the door was shut and locked, and the key was in the door, outside—I had four children up stairs, three were in bed and asleep—I got the children out of the house, after giving an alarm in the house—the butcher's boy ran out naked—the furniture in ay room is my husband's property.
Cross-examined. Q. Did you know the prisoner's cousin when he used to be there? A. Yes—I was lodging in the house then—he was Mr. Hancock's tenant—I was not there all the time he was there—I had nothing done to my room when I went into it, that I know of—we only cleaned it—there are bugs in the house.
EDWARD LOVEDAY . am a shoemaker, and live at No. 60, High-street, Lambeth. I was at home on Monday night the 9th of August—I heard an alarm of fire next door, and went in—Mrs. Sickel pointed out where it came from—I went up stairs and forced the door open—I found the floor of the room on fire all round—there was a bedstead in the room which I think stood on the left-the head-board of the bedstead stood against the wall over a hole in the floor, which was on fire, and burning right up to the ceiling—I believe
there was a second bedstead in the room—I then went out of the room closed the door, returned with some water, and extinguished the fire—I got I should think two pails of water, or a pail and a tub—it is a small room—the principal part of the fire was near the door, in the hole I have described—I threw the water over that—the room was full of smoke I—when the smoke had cleared off a little, I examined the room—Camp-bell the fireman had then arrived—I found another piece of wood lying on the floor near the hole, about a foot or two from it—I saw a piece of fat pork taken out of the hole by Campbell after the fire—it appeared to be burnt half-way up—I also saw Campbell take a quantity of wood and shavings out of the hole—I should think the hole was about two feet large—it was burning all round—I smelt nothing particular besides the ordinary smell of fire.
Cross-examined. Q. How did you manage to get into the room? A. I forced the door—I cannot say whether the key of the door was outside—in the hurry of the moment I forced the door open—I did not see the key in the door outside afterwards—I shoved the door with my hand with all my force, and burst it open—I cannot say whether it was locked—there was no one with me when I went in—I was the first person that went in—Campbell came in about five minutes—I cannot say exactly, it might not have been so much—he was the next person that came—I had thrown the water on the fire before he came—a person in the next room brought it to me—I called for water—one of the bedsteads in the room was pulled to pieces, and it was the head-board of that bedstead which I saw over the hole—a hook was afterwards taken out of the hole by Campbell with the rubbish—I have no doubt some of the shavings had been on fire—the fire was all round the hole, burning up to the ceiling—the fire-board and piece of pork was all on fire—saw shavings afterwards taken out of the hole, and a quantity of wood—Campbell took up the board to see what was underneath.
GEORGE CAMPBELL . I am a fireman of the West of England Insurance Company, and live at No. 11, High-street, Lambeth, which is within thirty or forty yards of No. 59. On Monday night, the 9th of August, I was called out and went over to No. 59—I went up to the back-room first-floor, which was pointed out to me—it was full of smoke and steam from the water being chucked on it—Loveday was standing outside the door when I went up—he pointed out a spot in the room to me, just inside the door, to the left—there was a hole there, about a foot or nine inches large—I pulled up the flooring, and underneath found wood and shavings—they were apparently fresh shavings—there was a smell of turpentine—I found a piece of poik—I cannot say whether it was lying inside or on the top of the flooring, the place was so full of smoke—I took it up—it was scorched at one end, the thinnest part—there was a bedstead in the room—I found some more shavings and wood at the other end of the flooring, which I took up—they appeared fresh ones, like the others—they were about four feet from the others, underneath the flooring—in my opinion the fire had commenced underneath the flooring—I observed part of the flooring which had been burned underneath—I cannot say in what way the shavings had got underneath the flooring—there was nothing to show.
COURT. Q. They might have been there since the flooring was laid down? A. They might.
MR. BALLANTINE. Q. Were they dirty or clean? A. They looked
rather clean—the flooring was laid on joists, and under that was the ceiling of the room below—there was dirt and dust there—the shavings did not appear to be in that dusty state in which they would be from lying there a long time—the door-post was scorched—part of the wood and shavings in the first hole appeared to have been on fire—I had no difficulty in getting the first piece of flooring up—I had a goodish bit in getting the last piece up—I saw a hook round in the hole by the policeman—I saw no place from which the hook had apparently come, no more than on the head-board—a bottle was also found close by the hole, which smelt as if it had contained turpentine—it was empty—the hole was about two feet from the door, on the side of it—this is the bottle now produced.
Cross-examined. Q. Have you got any of the shavings here? A. Yes—(some were here produced by the witness Hull)—those that were in the further hole were quite fresh—that was the one which I had some difficulty in getting at—the hole was in the flooring—I examined it with the policeman—it did not appear very fresh, but as if it had existed for some time—I believe it had from what I heard—there was a fire-place in the room—I won't swear whether there was a stove or not—I believe there was—I did not find where the prisoner kept his coals, wood, and matches—the fire-place was on the other side of the bed, and the hole on this side—I saw no tinder-box or matches—I did not notice where the piece of the bed that was taken down was—the fire was out when I arrived—the place was full of smoke—I had no occasion to use any water—I can pledge myself that some of the boards of the flooring were burnt—(looking at some produced by Hull)—all the edge of this board is scorched—the skirting of the room was merely scorched—the side of the room was smoked—this is one of the boards, and here is a bit of the skirting—this is a piece of the floor that I took up first—the policeman took away the shavings—I tore the first lot out of the hole, and put them on the floor—the shavings now produced do not smell of turpentine.
MR. BALLANTINE. Q. When you said there was a smell of turpentine, did you refer particularly to the shavings? A. The policeman took them up and smelt them—I smelt turpentine among the shavings underneath the floor, to the best of my judgment—I have been in the service of the Company four years in October.
PHILIP FROUD (police-sergeant L 6.) On Monday night, the 9th of August, I was at the High-street station—in consequence of hearing a cry of "Fire," I gave notice to Campbell, and proceeded with him to No. 59—I went into the back room first floor—I found the smoke very thick—the fire was out—it did not require any further water—the constable who took the prisoner has had the boards in his possession—I saw them taken up—this large board was taken from the floor next to this small piece, which was taken up next to the skirting towards the door—we had some trouble to take up this large piece—it extended towards the wall, on the right-hand as you go into the room, and likewise to the left towards the bedstead—there was a hole at the end of this small board, and here is a piece which I picked up in the hole, which corresponds with it—the hole was near to the small end, which was most burnt—this small piece has been sawed off from this piece, and it matches the part which is still on—there is a piece of wood on it, which fits in the other piece—I also found Some shavings, which I have produced, and there was a quantity more,
which I have left behind—I found some at each end of the flooring the largest quantity was found at this end, and the smallest quantity at the other—those found at this end were the cleanest, because they were not so much burnt as the other—they were burnt—when I took up a few shavings with the dirt, the dirt between the flooring and the ceiling of the room below smelt of turpentine—I found this bottle within a foot of the hole, where most of the fire had been, alongside the bedstead—there was a tea-spoon full of turpentine left in the bottle, not more—I am satisfied it was turpentine, it smelt so—it smells somewhat of it now—I think I could have collected about a tea-spoonful—it was quite clean and clear, such as painters use—I saw a piece of fat pork taken out of the hole—it appeared as if it had dropped off from something which had been hanging up—there was a nail just over where the fire was—whether it bad dropped off that I cannot say—I also found a hook in the hole—there was nothing attached to the hook—I produce a saw, which I found on the top of a half-cupboard or sideboard—I have not pot the door-post here—I took nothing to pieces only the board—the door-post was burnt very trifling—these other boards were thrown down stairs, and I got them from there—there were three chairs, a bedstead, a bed, a palliasse, three blankets, a pair of sheets, a bolster, two pillows, and a counterpane in the room, a bedstead, which laid down on the side tied up, and a box belonging to Cordwent—I should say all the articles were not worth more than 2l. at the outside.
Cross-examined. Q. Where have you kept this bottle since you took it away? A. It has been tied up in the bundle ever since—it has been accidentally broken—the smell has gone off now—it smells greasy now—it has been in contact with the pork—the shavings smelt of turpentine at the time—they do not now—I have left the rest of the shavings behind—I considered these sufficient—I saw none cleaner than these—these were clean till they were wrapped up with the dirty wood—those I left behind are still between the flooring and the ceiling—I have got the key of the room—it was given to me—I gave it to Mrs. Sickel first to take care of it, and it was given to me again the other day by Mattock—I found it out side the door on the night in question—the lock was nearly off, and hung by the key in the key-hole—it had been forced off—the bolt of the lock was shot—there was a thumb-latch as well as the key—I examined the room thoroughly—there was a grate in it—there did not appear to have been a fire in it recently—there was part of a fresh bundle of wood, and the fire laid with coals and cinders ready for lighting—there were no coals in the room that I could perceive, except those in the grate—the constable picked up one or two old lucifer matches—in my opinion this saw might have sawed this wood, and there are two or three other pieces which have been sawed—the prisoner was not there—I sent the constable after him—I found the key in the door, outside, before he came there.
WILLIAM HULL (police-constable L 88.) On Monday night, the 9th of August, I was on duty in High-street, Lambeth—there was a cry of "Fire"—I went into the back room first floor of No. 59—Froud and Loveday were in the room—I found there had been a fire—a quantity of burnt wood was thrown about—I brought away one flooring-board and the bedstead from the room—the head-board of the bedstead was lying on the floor—it had been removed from where it had been burning—I apprehended the prisoner the same night at his master's, Mr. Clark's, in Tower-street
—I asked him if he was aware what had occurred at his lodging in High-street, Lambeth—he said he was not—I asked if he was aware there had been a fire there—he said he did not know any thing at all about it—I then took him to the station.
Cross-examined. Q. He was at his work as usual? A. Yes, on the trough—he appeared to be asleep while the bread was rising.
OLIVIA PEACOCK . I am a widow, and occupy the front room first floor at No. 59, High-street. On Monday night, the 9th of August, I returned home about ten o'clock, and found the house was in an alarm—I went up to my own room—I had to pass the prisoner's door to do so—the flames were then coming out of the bottom and side of the door—the door was shut—I tried it—it was locked—I observed the key hanging from the outside—it was not firm in the lock—it had caught—I supplied Loveday with some water—all the furniture in my room belongs to myself.
Cross-examined. Q. What time was it you saw the key hanging? A. It had just struck ten o'clock—the cry was just making as I came into the house—Mrs. Sickel was outside of the room.
WILLIAM MATTOCK . I am a butcher, and occupy the ground-floor and shop of No. 59, High-street—I likewise rent the room that was occupied by the prisoner—he paid me 1s. a week for that room—none of the furniture in the room belonged to me but a bedstead, the remainder belonged to Cord went—the fixtures in the shop, and the furniture in my apartment, belong to me—I rent the prisoner's room of Mr. Hancock—Cordwent rents the room of me, but the prisoner paid me.
Cross-examined. Q. You carry on the trade of a butcher at that place? A. Yes—I sleep in the parlour, not in the prisoner's room—it was not my bed that he slept on—I kept a bedstead there, but nothing else—I asked his permission to let it be there—it had been there from the Thursday before the fire—it had come from the shop—I had no use for it, and no place to put it up in—I believe he kept the key of the room himself—it used not to be left with me.
JOSEPH SAN HANCOCK . I am owner of the house, No. 59, High-street—I am the ground landlord—I occasionally receive rents for the apartments of that house—I leave it principally to my wife—it is in the parish of St. Mary, Lambeth.
Cross-examined. Q. How do you know that? A. I can prove it by my receipts—I know it by paying rates and taxes, and from papers which I have received—I have nothing to pay in respect of that house, it is a copyhold—I pay to the Archbishop of Canterbury my quitrent—I have his last receipt—the house has been in my possession thirty-three years—I have paid rates and taxes to Lambeth parish all that time.
PHILIP FROUD re-examined. I know the handwriting of Mr. Trail, the Magistrate of Union Hall—I was present at the prisoner's examination—I did not notice exactly the words he stated—this is Mr. Trail's hand-writing—(read)—"The prisoner says, 'I never made any insurance, and I bow nothing of the fire.'"
MR. CHAMBERS to CHARLES CORDWENT. Q. That is your saw, is it not? A. It was lent to me for my use, it is not my own—it was for my business as a butcher—I left all my butchering tools in the prisoner's care when I left, as far as I know, and the saw among the rest—I believe it to be the saw.
GUILTY .—Aged 21.
Before Mr. Justice Maule.
2514. JAMES SPURLE was again indicted for feloniously breaking and entering the dwelling-house of William Mattock, on the 18th of July, and stealing therein 1 spoon, value 12s., and 1 watch, value 10s., his goods.
MR. CLARKSON conducted the Prosecution.
WILLIAM MATTOCK . At the time this took place I lived at No. 59, High-street, Lambeth—I do not know the parish—I occupied the shop, parlour, and back room, first-floor—I held it of Mr. Hancock, the land-lord, who did not live in the house—I occupied the room entirely myself in which the watch and spoon were—I afterwards let the room to the prisoner's cousin—the prisoner himself did not occupy that room at all—I let him the top-room—I remember his cousin going into Somersetshire—I saw the spoon and watch last on the 18th of July—I think it was about a month before the fire happened—the outside of the watch was metal, and the in-side silver—the spoon was silver—I kept it in a box in the parlour where I slept—I kept the box locked—I went out on Sunday, the 18th of July, my box appeared in the state in which I had seen it before—I left it unlocked—when I went out, I locked the door of my room, and put the key in my pocket, and took it with me—I am confident of that—I came home about ten o'clock—I did not see the prisoner, to my recollection, till next evening—he then asked me how I came to go out and leave the door unlocked—I said I did not, for I went and took the key from my room up stairs, and locked it myself—the fire took place on the 9th of August—I did not ascertain my loss till about the 11th of August—on looking into my box, I missed the watch and spoon—the box was locked then, but I think I left it unlocked on 18th of July, because I took the key out on the Monday morning, and locked it—I have since seen the spoon in the possession of Mr. Cole, and the watch in possession of a person in Black-friars-road—I believe the name is Aldous—the spoon and watch were what I kept in my box—I never authorized the prisoner to pawn them, or to go into my room, or take them—these now produced are them.
Cross-examined by MR. CHAMBERS. Q. Do you owe him any thing? A. No.
MARIA MARIAN SICKEL . My mother occupied the attics in No. 59, High-street, Lambeth, in July and August last—I remember Mr. Cordwent going into the country—about three weeks before the fire, on a Sunday afternoon, between three and four o'clock, I was sitting at the back-door—I am sure it was on a Sunday—the prisoner came down stairs and unlocked the back-parlour door with a key—I saw the key in his hand before he went to the door—he went in, shut the door, and took the key inside—I went up stairs, and saw no more of it—after the fire, on being questioned, I told Mr. Mattock what I had seen.
Cross-examined. Q. When did you first tell any thing about seeing him go into Mr. Mattock's room? A. On the Monday after he went in—I told Mr. Mattock what I have said now, and I told him the same after the fire had happened—that was after the prisoner had been taken up—I do not know how long he was in the room—I did not wait till he came out.
MR. CLARKSON. Q. Do you mean you saw Mr. Mattock on the Monday, the next day after he went in? A. Yes, and I told him what I had seen.
WILLIAM MATTOCK re-examined. Q. Do you recollect the circumstance the girl is speaking to? A. I believe she did say so—the prisoner told me I had left my door unlocked—I asked the little girl if she did not see the door open—she said she did not—I am confident it was not open—I was rather in doubt whether it was or not—she said she did not see the door opened—she saw the baker go to the door, and she believed the baker went in—I believed I left my door closed, and what she told me strengthened my belief.
EDWARD REECE BLACKMORE . I am a baker—I worked with the prisoner about thirteen months ago, at Walham-green—I received a letter from the prisoner from Union-hall the day he was committed for trial, in consequence of which I went to him at Newgate—he there handed to me three pawnbroker's duplicates, two of which were for a watch and a spoon—he said he had won the watch and spoon by playing at cards—he asked me if I could befriend him by lending him the money to procure a counsel—I said I could not, as I had fitted my brother out to go to sea—he then said he had got three duplicates—I was to carry him a shirt, and in the shirt he returned to me he was to give me the three duplicates—I gave the same tickets to the policeman.
Cross-examined. Q. What are you? A. Foreman to Mr. Giles, a baker—I was fellow-workman with the prisoner about fifteen months ago—he sent to me and asked me to visit him as a friend, as he had got none in London—what he said to me was not in confidence—I was to make something to procure him a counsel.
MR. CLARKSON. Q. You went to the pawnbroker to pay the interest on one of the articles? A. Yes, on the watch, and I then exchanged the ticket and had a renewed one instead—it was that renewed one which I gave to the policeman.
PHILIP FROUD (police-sergeant L 6.) I received three duplicates from Blackmore—two are for the property in question, and one for a waistcoat—the duplicate for the watch appears to be a renewed one, after the interest was paid.
WILLIAM TITUS ALDOUS . I am a pawnbroker—I produce a watch pledged with me on the 20th of July last, by the prisoner—this renewed duplicate for the watch is the one that was given at our house on the payment of interest.
Cross-examined. Q. How much interest was paid? A. Seven farthings.
COURT. Q. Are you sure the prisoner pawned it? A. I have not the least doubt of it—I never saw him before—he gave the name of Joseph Spiller.
SAMUEL HEZEKIAH COLE . I produce the spoon which I took in pledge on the 20th of July, in the name of Spratt—I have no recollection of the prisoner—one of the duplicates produced by the officer is the one I gave.
GUILTY . Aged 21.— Transported for Fifteen Years.
Before Mr. Baron Rolfe.
2515. JOHN MAZZETI was indicted for feloniously assaulting Charles Boussaton, on the 16th of September, and cutting and wounding him in and upon the head and forehead, with intent to do him some grievous bodily harm.
CHARLES BOUSSATON (through an interpreter.) I am an artist, and live in York-street, York-road, Lambeth—I was invited to the prisoner's house, by the lady of the house about six weeks ago—about ten days after, she sent me word that she had left the prisoner and wanted to come and live with me, and she did come and live with me in York-street—I saw the prisoner on the 16th of September, about ten minutes before seven o'clock in the evening, opposite my door, as I was entering my house with the lady—she went in first, and I was following, and when I got my foot on the second step, I was struck on the head first, and the second time on my forehead—I was stunned by the blows, and seized the man after I received several more blows—I struggled with him, trying to take the stick away—I lost a great deal of blood from my forehead—I succeeded in getting the stick, and the prisoner escaped—I saw him at the station about an hour after—the wounds in my head were examined by a surgeon immediately after.
ALEXANDER LIONOWIEZ . I live in the same house as the prosecutor. On the 16th of September, a little before seven o'clock in the evening, I was sitting at the window, and saw the prisoner standing on the opposite side of the way with two other men—when the prosecutor arrived with the lady she knocked at the door, and as they were coming in the prisoner rushed over and hit the prosecutor two blows on the head with a stick—the first blow was very hard—he knocked his hat down—I ran for assistance.
Prisoner (through an interpreter.) The woman did not knock at the door—she opened it with a key. Witness. No, I heard the knock at the door.
Prisoner. It was impossible for him to see me strike the man, for he was at the door, and the door recedes. Witness. I did see him—as soon as I ran down for assistance I saw the prisoner and prosecutor in the middle of the road, and the prosecutor was covered with blood—I ran for a policeman.
Prisoner. He is not to be believed—he is a man of loose character, and lives by the prostitution of a young girl—he and the prosecutor too—he hit me himself. Witness. I deny it—I am a Pole, and am allowed 10s. a week by the Government—we live three or four together for the sake of economy—I do not live by the prostitution of a woman.
HENRY COE (police-constable 41 L.) I was on duty in the Westminster-road, on the 16th of September, about seven o'clock at night—the prisoner was given into my custody—I took him to Tower-street station—I found 3s. on him, but no stick—this stick produced is a life-preserver—it was brought to the station by another constable who is not here.
Prisoner. When I came up he turned round and struck me with his fist. Witness. I did not beat him at all—he held me fast by the hair of my head, and the people were obliged to beat him to make him let go—he pulled out a handful of hair and bit me in the wrist, and the woman bit him for not letting me go.
what was done—I did not strike him—I am quite certain no one hit him before he struck these blows.
GERDON DE FRENEUZ . I am doctor of medicine to the Faculty of Paris—I examined the prosecutor's head the day after this occurred—the skin was divided in the region coronal of the forehead, and was ecchymosed—it was the result of the injury—the wound was not deep—it is well now.
(The prisoner; in a long defence, stated that the prosecutor had induced the female whom he cohabited with to desert him (the prisoner), and live with him; that she had taken with her some of his property, which he wished to obtain back; that he waited about the house for that purpose, and when they came home, upon going up to the door the prosecutor struck him, which induced him to strike him with the stick, and that he himself was beaten black and blue, and was much ill used.)
GUILTY . of an Assault. Aged 47.—Recommended to mercy.— Confined Two Months.
Before Mr. Recorder.
MR. CHAMBERS conducted the Prosecution.
HENRY HIPKINS . I am a free waterman. On the 5th of August I rowed for a prize skiff in the Thames, off the Custom House—my colour was pink—in the fifth heat I and Radford were [about to row against each other—I know the defendants—they were all in a cutter, of which Henry James was acting as coxswain—he was in the head—whilst preparing to row in the last heat, I heard Henry James say, "So help you G—, so help me J—C—, if young Hipkins can win the boat, he shall not win her"—at the time he said that, all the other defendants were in the same boat with him—he spoke loud enough for them to hear—I was about a yard off at the time, or more—it was loud enough for me to hear—George James said, "You young b—, you shall have a swim for it"—he said that loud enough for the others to hear—in consequence of that I would not row, and spoke to Broughton the manager—I was afterwards induced to row, and Radford and I started—we made a false start, and were called back, as we started without the manager—we started a second time—we rowed scull to scull all the way as far as the tier, which we had to go round, and then Radford came alongside of me, put his scull against my back, and went right ahead of me—I followed him as far as Horsley-down New Stairs—I caught him there, touched him on the outside quarter, and turned him round—that was fair—I then pulled about three strokes, and got just clear of his boat, just ahead of him, when James's cutter came alongside of me, and Henry James laid hold of my boat—I asked him what he meant by laying hold of my boat—he gave me no answer—before that I heard Henry James say, "Give way," which means for the rowers to pull—he said that just as I turned Radford round—he came up along-side, laid hold of my boat just abaft the rowlock, in which the oar is, and upset my boat—my feet were in the stretcher straps—when I saw the boat going over, I got my feet out of the straps—I was thrown into the water, underneath my boat—Henry James put his arm down, laid hold of me,
and hauled me over my wager-boat into his cutter, and I was taken ashore—I cannot swim—I was taken to George's Stairs, and into the George public-house—I know it was Henry James that pulled me out of the water—he was in the cutter's head—I was very bad when they got me into the boat, and said, "Pray take me home, take me home"—I was alarmed—I was confined to my bed seven days, from being in the water, and being in the heat in which I was—a doctor was sent for directly.
Cross-examined by MR. JONES. Q. I believe it was agreed, before you started on this race, that you were not to foul? A. We were not to foul till we got down to the tier, which we had to get round, and then we were to do as we liked—the manager told us so—it was agreed that we were not to foul during the race, but we were to do as we liked in the last heat—I will not swear that the manager told us so—I will not swear whether he did or not—when we started originally, the agreement was that we were not to foul at all—Radford was the first to foul—I swear that—in going round the tier we got both together, and he put his scull against my back, and housed himself a-head—he did not touch my boat, but my back—I did not foul his boat before that—I swear that I did not foul him more than once in that heat—he fouled me first.
Q. Did not you start a second time, because you had fouled him at first? A. We got fouling—we were not called back to start again because we got foul—Henry James laid hold of my boat, and held me while the other went a-head—that was the reason we were called back, not because we were fouling each other—when Henry James made use of the expressions I have stated, he was speaking to me—he said I should not have the boat—he was speaking so as I could hear him—he was not speaking to me, he spoke so that every body could hear him—he said, "So help you G—, so help me J—C—, if young Hipkins can win the boat, he shall not win it."
Q. Repeat that. A. "So help you G—, so help you J—C—, if you can win the boat, you shall not"—he said that publicly, in the presence of all the people there—he was in the cutter at the time—I cannot say how many heard him—we were in the middle of the river—he was in the cutter's head, and the other men were just rowing by the manager's cutter when the words were said—he was lying down in the cutter's head—the cutter was a four-oared boat—the seven defendants were in her, one forward on the look-out, one sitting down, the man steering, and four rowing—the one sitting down (Morris) was about the middle of the boat—before I started I was not cautioned by any of the defendants, or by any body, not to foul—nothing of the kind was said—I was not told that if I fouled again I should not have the boat, even if I won her—I swear that—nor any thing of the sort that I could hear—they had not charged me with fouling before I started the last time.
Q. Do you mean to swear it was fair for you to touch Radford's boat on the outside quarter, and turn him round? A. In waterman's wagers—this was a waterman's wager—in a waterman's wager we may foul or sink them if we like.
COURT. Q. Was it fair, or not, to touch Radford's boat, and turn it round? A. Yes, it was fair.
MR. JONES. Q. Was it not fouling? A. Yes, it was fouling—I have mentioned before to-day that George James said I should have a swim for it—I said it at the Thames Police—I will not swear I said so at the Thames Police—it is too long ago—what I said was taken down in writing—I did
not mention it till I came here to-day—(The witness's deposition being read, did not contain the expression referred to)—I did not mention to the Magistrate that George James said I should have a swim for it—I did not mention it before the Grand Jury—I did not mention it till I got into the witness-box to-day—I got my feet out of the straps when I saw my boat going over—if I said before the Magistrate that my feet were in the straps when I was in the water, it was false—I walked home from the George public-house—I was led home by two men—I did not jump about in the George, and say I would have another row for it, nor any thing of the kind—I swear that—Mr. and Mrs. Cook were there—I did not say so in their presence—I swear I did not go out of doors for seven days—I walked up and down my bed-room, but no other room—when I touched Radford on the quarter I turned him round—I touched his boat two or three minutes before I was capsised—after I turned him round I pulled three strokes, and the cutter came up alongside of me directly—I touched him on the starboard side just before I went into the water—I was not six or five feet into his boat, I only just touched it—I swear my keel was not on his gun-wale—his boat did not make any water that I know of—my boat just touched him on the top of the stern, and turned him right round—I had canvas pulled taut over the whole of my boat, except the midships, where I was sitting—the keel of my boat just touched the top of his stern—I do not know whether I touched his canvas—we were both of us close into the shore at the time—I touched him on the outside, away from the shore—I did not once drown a boy by fouling—there was a boy drowned—he was going one way, and I the other—a lot of boats were going through the tier, he was sitting on the top of the stern, my boat touched his, and he went over and was drowned—I do not know how long that is ago—it is above a year ago—I was not taken into custody for it—I had to go to the inquest about it—I do not know whether it was in April this year—I will not swear it was not—I do not know what month it was in, or how long it is ago—it was brought in "accidental death," and I was told I might go the Coroner asked me how it happened, and I told him—he did not say it was caused by my negligence—he said it was a very shocking thing—he did not blow me up about it, or tell me to be more careful in future.
MR. CHAMBERS. Q. Did that accident happen in a boat-race? A. No—I was rowing through a tier—I had a gentleman in my boat, and the boy had a gentleman in his boat—he was going one way and I the other—his brother was rowing, and he was sitting on the top of the boat's stern, and my boat came against them—I did not run against Radford's boat more than once.
HENRY LOADER . I am a waterman. I was at this boat-race—just before the fifth heat, I saw Henry James and the other defendants in the cutter—I was about a yard or two from the cutter just before the start—I heard Henry James say, "So help me G—; so help me J—C—, if he can win the boat, he shall not win it"—after that, I heard George James say "You young b—, you shall have a swim for it;" and I heard Thomas King say, "He shan't have it"—in consequence of that, I called to Broughton, the manager, and he spoke to James, and then to Hipkins—the defendants were near enough to hear what he said to Hipkins—he said, "Row, and if you win the boat, you shall have her"—I do not know what he said to James—I was not near enough to hear—the
men then started—they started at first without the manager's sanction—the manager ought to have started them, but did not, and he called them back—I was in a boat waiting on Hipkins—when they started the second time, they rowed till they got to the tier—they were as nearly level as could be then—then they got entangled together till they got round in shore—they could not get clear of one another, and Radford put his scull against Hipkins's back to get off, that was in a fair wager manner, and he then got the lead—I saw Hipkins overtake him at Horsleydown New-stairs—he touched him on the outside of his stern, and turned him round—Hipkins was then just clearing Radford's boat, but had not time to get a-head of him—Henry James was behind them in a cutter waiting on Radford—I heard Henry James say, "Give way"—the men in his boat then pulled up to Hipkins's rowlock, and I saw Henry James lift up Hipkins's boat with his hands, and turn her bottom upwards—Hipkins went into the water—he went under the water, and I saw Henry James, as soon as ever he could do it, lay hold of his wrist, and drag him over his own wager-boat into James's cutter's head, and they rowed ashore with him—I should say the water was a dozen feet deep there—I did not row ashore—I saw Hipkins about an hour or an hour and a half after it happened, at home in bed, and he was ill at home seven days, from the 5th till the 11th—George James, Thomas King, Rivitt, and Cook were rowing the cutter—Morris was a sitter with a Dogget's coat and badge—he was doing nothing—Legon was steering.
Cross-examined by MR. JONES. Q. What are you? A. A deputy corn-meter, which is in the gift of the City—I am a waterman as well, and belong to Horsleydown-stairs—Hipkins belongs to the same stairs—he and I have been very good friends, in fact I was very good friends with them all till this happened—I am not now, after using a man as they have used Hipkins, I am not friends with them on that account—I have taken up Hipkins's part against them—I mean to convict them if I can—I have got no wager depending upon whether they will be found guilty—I swear I have not made any bet about it—I have never said I would be sure to do for the defendants, nor that they would be sure to be found guilty—all I wished was, that they should get fined or something—I would not have them sent to prison, because they have families of children—I do not want any of their money—I have said if they came forward and settled Hipkins's bill, there would be no more said about it—I never mentioned any sum—I know Mr. Keogh, a cow-keeper—I did not send him to tell the defendants if they paid the money all would be right—I take this interest about Hipkins as a friend, that is all—I am his brother-in-law—I married his sister—it is brotherly love—I have stated before to-day, that King said "He shan't have the boat"—I have mentioned it several times since it happened, in my own house, and at one or two places, and to both parties" round the stairs—nowhere else—I was examined at the Thames police-office, and before the Grand Jury—the only reason why the men started afresh, was because they started first without the manager's sanction—it was not because Radford and Hipkins fouled—they did foul, but I will swear that was not the reason they started the second time—a great many persons were present when the expressions I have named were used—I should think as many as a hundred could hear them—there were a great many about in boats and ships—there were a great many about when the
boat was capsised, not a hundred—there were some hundreds on the wharfs who could see what happened—I saw Hipkins foul Radford just before the accident—he ran into Radford's starboard side—I do not know whether he went light on the canvas—his boat's stern touched Radford's hind quarters—he ran into his gunwale—not so much as five or six feet—the wager-boat was about twenty-five feet long—it was the usual size, it was very light—the canvas was drawn over as far as the fore-rowlock—that is done to prevent the water coming in—the cutter was a great deal longer than the wager-boat.
Q. How soon after Hipkins fouled Radford, did Hipkins' boat cap-size? A. I should think about three minutes, or from that to four—I will swear it was more than one, and more than two—James's boat came up before mine—I was about a yard from James's boat—Hipkins's boat was not a-head of Radford's when it capsized, he was about clearing his boat's stern, and then Henry James said, "Give way," the men pulled, and the boat capsized—I will swear Henry James said, "Give way," before Hipkins was in the water.
Q. I suppose you know of the agreement at starting not to foul? A. After they went round the tier once, in the fifth beat, they might do as they liked—I swear that—Broughton, the manager, said so himself—there was a complaint made against Hipkins that day for fouling—I do not know that he was complained of three or four times—I will swear he was not—he was complained of about fouling a man named Luton, the first time Hipkins rowed, but I did not see that heat myself—I was not forty feet off Hipkins's boat at the time it capsized—I should think I was about twenty-five, or from that to thirty—James's cutter was close to it—I swear I do not know of any bets depending upon this trial.
MR. CHAMBERS. Q. What bill was it you meant, when you said if Hipkins's bill was paid nothing more would be said? A. The doctor's bill—I believe it was 19s. 6d.—the boat was overturned towards the shore—it could not have been turned in that way by Hipkins's having fouled, it is impossible—they had not been round the tier more than once when Hipkins fouled Radford—that was fair.
COURT. Q. In which direction did Hipkins's boat turn Radford's round towards the shore? A. Outwards—Hipkins's boat had not got clear of Radford's stern at the time James's cutter rowed up—he had not time to get clear.
Q. Why might not Radford's stern have occasioned Hipkins's boat to overturn? A. Because it was not far enough forward—it was James's laying hold of the boat—Hipkins's boat was between Radford's stern and the shore—they could not have fouled so as to overturn Hipkins's boat, because Hipkins's boat was never on Radford's stern at all, nor Radford's stem on his.
MR. CHAMBERS. Q. Did the cutter go between the two boats? A. The cutter came between the two boats' sterns.
MR. JONES. Q. Was not Radford's boat nearest the shore at the moment when he turned outward? A. No, Hipkins's had got nearer the shore.
COURT. Q. Are we to understand you that you actually saw the hand of Henry James applied to Hipkins's boat? A. I did.
said, "Do you mean to start the men again?"—Broughton said, "Yes"—he said, "For what reason?"—Broughton said, "For the best of all reasons, because I have not started them yet"—Henry James then said "So help me G—, so help me J—C—, if young Hipkins wins the boat he shall not have her"—one of the party in our boat said to the manager "Did you hear that, Broughton?"—he said, "Yes, I will go and ask for an explanation," and he went to speak to Henry James—I could not hear what he said—when the men started I followed them—when they got to the tier Hipkins was rather in advance—Radford fell on his starboard side—they both came towards shore, and kept throwing their skulls about to get the lead—Radford got rather the advantage, and took the lead—Hipkins rowed as hard as he could after him, and when they came to New Horsleydown-stairs Radford had to row his boat out a little, and Hipkins, as he was coming along, caught him on the starboard quarter—his head went round, steering out, and Hipkins endeavoured to get the lead—I then heard Henry James say, "Give way, us," and the men pulled—our cutter had orders to stop—I turned my shoulder to see the transaction—I was rowing, and did not see any hands used, but I saw Hipkins's wager-boat go over, and he went into the water, under his boat—I saw him taken out into the defendants' cutter—he sat down, and his head dropped on his shoulder like a man dying—he looked exhausted—I saw no more of him till Monday—I did not see James turn the boat over—my back was turned—I was not in a position to see—we had orders to stop, or we should have turned him over also—I do not think Hipkins's boat could have been turned over by striking against Radford's—I have seen a number of wagers, and never saw such a thing.
Cross-examined by MR. JONES. Q. Where did you see Hipkins on the Monday? A. At his own house, in bed—I suppose it was a minute or two after Hipkins's boat touched Radford that she capsized, but time passes unconsciously in a bustle—I should think it was more than a minute—I was astern of the wager-boats, as near as possible to them without preventing their rowing, when I saw them foul—the head of our cutter might be thirty feet from them—they were rowing against tide—Radford's boat was a-head till he was jockeying—just before the fouling Radford's boat was nearest the shore—they were going up the river—Radford struck rather out from the shore—they had to go a round and a half more to finish the race—I think they were pretty well matched as rowers—if one had got half-a-length a-head it would have made a great difference—Henry James was kneeling down in the bow of the cutter all through the wager, with his face over the stem of the boat—it would not be very difficult for a man to upset a wager-boat with one hand—it would depend upon the velocity.
COURT. Q. If the cutter was in motion at the time, with four men rowing, would not that give an additional force to his hand? A. Yes—a man could put his arm out without endangering his own boat—he might have put his hand out to save the boat from being stove, if he did put it out, by shoving the boat away—the boat was capsized after I heard Henry James say, "Give way"—the slightest touch would put a boat down to the leeward, and the cutter striking her, she must go down.
have her—after that I saw Broughton go and speak to him—I saw the boats entangled together when they went round the tier—after they had gone round the tier Radford was in advance about two boats—my brother rowed up after him, and caught him up at Horsleydown New-stairs, and hit him on the outside quarter—Radford's head then went out towards the middle of the river, and then I saw a cutter go in between Radford's boat, and go to Hipkins's boat, and Henry James caught hold of the gunwale of the boat, lifted it up, and she went over, with Hipkins underneath—Henry James put his hand out, caught hold of him, pulled him into the cutter as soon as he could, and took him ashore—I saw him in bed for two or three days, very bad.
WILLIAM FREEMAN . I am a waterman and lighterman. I did not wait on either of the rowers—just before the last heat I heard Henry James say, so help his G—, if Hipkins could win the boat, he should not have her—I saw the two boats just before Hipkins was thrown into the water—Radford was before Hipkins, and Hipkins touched him on the starboard quarter, and turned his head out—a four-oared cutter rowed up, James was in it, and I heard a voice say, "Give way"—they pulled up, and went between Radford and Hipkins, and I saw the boat turn over—I think it was done by the force of the cutter coming up, as far as I could see.
Cross-examined by MR. CHARNOCK. Q. Did you see the cutter strike the boat? A. No, I cannot say it struck it, but I expect James put his hand out to save the blow.
THOMAS ARNOLD . I saw Hipkins's boat touch Radford's on the quarter, and shove his boat round, out, and then I saw Hipkins's boat turn over, and him in the water—I did not see how it was turned over—I saw two or three cutters—one rowed up, and a man put his arm over and hauled Hipkins out of the water—I did not see how he got in.
( A verdict of Acquittal was here taken in favour of the defendant James Morris.)
(The following witnesses were called for the Defence,)
JAMES POPE . I am a waterman, and live in Jacob-street, Bermondsey. On the 5th of August I was about five or six feet from the boats when they came in collision—I was in my boat, lying on my sculls—I had a fare to witness the race—it took place just below Horsleydown New-stairs—there is a strong eddy there—they were rowing against tide—Radford's colour was green, Hipkins's was pink—Radford's boat was not a foot from Hipkins's—the boats are covered fore and aft—the rower sits in the midship—I saw the striking—when they came to the eddy, I saw Hipkins's boat strike Radford's close on the stern—(here the witness placed models of three boats in different positions to explain his evidence)—Hipkins, finding his boat touch Radford's, pulled very hard—there is a strong eddy there, and it takes very little to turn a boat round—the keel of Hipkins's boat hit on Radford's stem, and was about five feet over Radford's boat—the boats did not disengage themselves—as Radford came with his boat's head down, the stern was in the eddy, and his boat came athwart, and Hipkins endeavoured to back-water with his right hand seull, to disengage his boat from Radford's, if possible—that was to bring it off—while he was in the act of backing-water his scull appeared to slip, and caused him to slip at the same time, and when he found his boat tilting over he endeavoured to stand up in it, and before he could do so the boat
turned over on the larboard side—if he had succeeded, he would have cleared the boat—Radford's boat turning athwart the tide was the means of upsetting Hipkins's—his rising gave a bias to the boat—the boat was completely athwart the tide, laying in and out—at that time no other boat was close to the two boats—the man was in the water before the cutter came up—it was all in a moment—the cutter might be two or three yards from the boat at the time it turned over—Hipkins's boat turned completely over and he was under it—shortly after, he came up on the upper side of the river nearest to the shore—the boat was athwart at the time it was overturned—I saw Henry James take hold of Hipkins, shawl him into his cutter and row him ashore immediately—I am certain the boat was capsized before the cutter came up.
MR. CHAMBERS. Q. Were you lying on your oars with a fare? A. Yes, I was above the boats—when Radford's boat came round the head it very nearly touched my boat's stern—they had not passed me—they were abreast of me at the time—I had three strangers in my boat—I was rowing them across the river, and they wished me to wait to see the race—they were, no doubt, terrified to see the man in the water—I was not, after I found he was got out—it was all momentary—the cutter was astern—it came between the two boats—a cutter waiting on a boat should not come near them, if waiting on them properly—a boat coming so near would disturb the race; but at the time the man had been fouling, and the boat going down, gave the cutter time to come near—the cutter could have been stopped if they had thought proper—I do not think she was too near—it was within two or three yards when the fouling took place—the turning over of the boat was momentary, not the fouling—the instant it was done, the cutter was on him to take him out—it was a good job it was there—I was about eight feet from the nose of Hipkins's boat.
COURT. Q. Did it appear to you that there was more than a few inches of the keel in contact with the boat? A. Yes.
MR. CHAMBERS. Q. Do you mean to say, momentary as it was, you saw Hipkins attempt to stand up? A. He attempted to get up immediately his boat tilted over—he got his feet clear of the straps, and appeared to be getting up—he could not get up without getting his feet clear—when he attempted to get up, the boat went over before he could do so—she was in the act of sinking at the time he attempted to get up—she was taking in water at the time, midships—she went over at the time he was endeavouring to get up—she had got on one side when he attempted to get up—I know all the defendants by seeing them about the river—I belong to the Alderman-stairs, Lower East Smithfield, on the opposite side of the river—I was with these parties one evening—we had something to eat—I supped, not with the men engaged at the rowing match, but others—all the defendants were not there—there were the two James's and Legon—I do not recollect seeing Cook there—I went at my own invitation—I do not know whether it was James's supper—there might have been thirty or forty persons there—the whole fifteen witnesses were not there—it was at a public-house—it was about three weeks ago, on the Saturday before the Surrey Sessions—I asked no questions respecting payment—I drank as much as would do me good.
MR. JONES. Q. Was it the Saturday shortly before the trial was expected on? A. Yes—all the parties were assembled.
FRANK THOMAS . I am a corn-factor and lighterman, at Horsley-down. I was present at the boat-race on the 5th of August, standing on my own wharf, adjoining Horsleydown New-stairs—I first saw Hipkins endeavouring to overtake Radford, which he succeeded in doing, just abreast of Horsleydown New-stairs—he then rowed his boat's head up on Radford's boat's quarter, a little before the stern, and turned him round athwart the tide; but he rowed his boat so hard on Radford's boat's quarter, that he could not extricate her, and as Radford's boat was turned round, she dragged Hipkins's boat with her athwart the tide—Hipkins endeavoured to extricate her, by backing water wits his right-hand scull, and that, in my opinion, caused it to capsize—he could not disengage his boat, and she remained there till she capsized—it took her bearings out of the water, and she had nothing to support her forward, and his backing water at the same time, tended to drag her gunwale down—in my opinion the man, finding himself going down, attempted to rise, but could not, and went over—the fore part of his boat was on the stern of the other—my attention was so riveted to this man, that I did not see what passed between him and the cutter—I saw him extricated from the water by Henry James.
COURT Q. Was the cutter up to the boat at the time the man fell into the water? A. My attention was so directed to him, I will not swear the cutter did not touch her, but it is my firm opinion it did not—I am perfectly certain the boat was upset by the means I have described—there was nothing between the two boats when it upset—the cotter was not up at the time—if the cutter had been at Greenwich, the thing would have happened the same.
Q. If it is said the cutter came up, and the man put his hand out and turned it over, it is not true? A. I do not wish to contradict the evidence, but I swear it was not so.
MR. CHAMBERS. Q. When did you first notice any thing about the cutter? A. When the cutter came up, and drew the man out of the water, she was then close to the boat—both Hipkins and Radford's boats were athwart the tide at that time—Radford's boat had turned down before the tide, and had dragged the other athwart—Radford's boat did not continue athwart the tide, but turned completely round, as near as possible—(Here the witness placed the models in the situations he had seen boats)—Hipkins still persevered, put her back, and got athwart the tide—when I first observed the cutter, was after Hipkins's boat had turned over, she was rowing up to save the man—after the accident the cutter was between the two boats, when it was in the act of picking up the man—I saw Hipkins shift his seat in the boat, by her going on one side, and then attempt to get up, the moment the water was running over her gunwale—he shifted his seat or had fallen down, in attempting to get on his seat again.
WILLIAM WRIGHT LANDELL . I am a corn-factor and lighterman, and live in Thomas-street, Horsleydown—I was in a warehouse on shore, about fifty or sixty yards from this regatta, and fifteen or sixteen feet above the level of the water—my attention was directed to the contest of the men—they were so close together in coming past up the river—Radford's boat was first and nearest the shore—they were both on each other's quarter all the way—(placing the models)—the tide was ebb, runing down—when they get to Horsleydown-stairs, there is a very strong
tide—the offset of the tide caught the head of Radford's boat, and turned her round, and by some means or other, what I cannot tell, in a moment, without any thing being near it, I saw the boat turn over, before any third boat came—my heart was in my mouth when I saw the man go over, and in half-a-minute I saw the galley come up, and seem to range over the upset boat to take hold of the man, and I saw a man in the bow of the boat pull the man in—the galley had not touched the boat at the time it was upset—it was not possible for any one in the galley to touch the boat.
MR. CHAMBERS. Q. About how far off were you when the boat actually turned over? A. I should think sixty or seventy yards, but I was sufficiently near to identify the persons in the boats—the river was crowded with boats, but the tide was so low, and the space so narrow, it was not possible to have a great many boats—there were as many boats as could be placed there, a good many were outside and astern, watching what was going on—there were craft between me and the boats that were rowing, loaded and unloaded—I did not notice the wherry which was waiting to Radford—I noticed nothing but the cutter which the James's were in, from the circumstance of two of the parties being in my employ—Rivett is my fore-man, and Henry James has been in my employ occasionally—I do not knot what part they took in the concern, I merely saw them there—the first I saw of them was when they pulled the man out of the water—I was excited, and my attention was drawn to see how they would get through that struggle—the boats were not crowded close to them when this occurred—they had fair play—there was plenty of room for them to row as they liked—the tide was within an hour and a half of flood—it was near seven o'clock at night, the tide was getting low—I did not know the defendants were going to the Thames Police about this—I heard that something serious had takes place, and I said to Rivett, "The best thing you can do is to place your-self in the way; I don't see that you did any thing wrong, and I recommend you to be in the way."
COURT. Q. Had you heard any complaint? A. Rivett told me the other parties had said they threw Hipkins overboard—I said, "It certainly was not the case; but I dare say, if it gets into the hands of the lawyers they will make a fine business of it; I trust there will be nothing of the sort"—I did not offer to pay Hipkins's doctor's bill—I said, "I think the best way for you men is to settle the affair; don't quarrel and fight about it if any thing will make you friends, and avoid law expenses."
MR. CHARNOCK. Q. I believe you bailed them? A. I did.
JAMES HAMILTON . I am a lighterman, and live in John-street, Horsleydown. I was at this race, in a galley, lying between two tiers—I saw Hipkins and Radford rowing up the eddy—Radford was ahead—Hipkins caught him on the quarter, and turned him out athwart the tide—I was in a cutter looking on, and Radford's boat's head came into our cutter, which stopped it, and the instant she touched our cutter Hipkins's boat turned over, with Hipkins underneath—I then heard James say, "Give way," and he rowed up, and took Hipkins out—I am certain Hipkins was in the water before James said, "Give way"—before the boat capsized James was not near enough to touch him—if it had not been for the cutter coming up the man must have been drowned, nobody could have got near him.
MR. CHAMBERS. Q. Nobody but the cutter? A. No, not in time to save him—we were lying on our oars—our boat prevented Radford's from
moving, and Hipkins fixed it there, and at that instant he turned over—it was done so sudden; you cannot get a four-oared cutter out of the way in an instant—we could not get near to help him—they were hemmed in—I was looking at Hipkins—I knew he could not do us any mischief—I did not think we could do Radford any mischief—I was not at the sup-per—I was not invited—I was at Gravesend at the time—I know both the James's, and Joseph James, George's brother, was a manager of the race.
RICHARD RUSSELL . I am a surgeon, and live at Horsleydown. I was on a barge, looking at the race, and about forty yards above the boats that were rowing—they were going against the tide; and from the situation I was in I could not see whether Hipkins was on the inner or outer side, but it struck me his nose was on the inner side—I saw him cross above the stern of Radford's boat, and following him up in the same position, he turned Radford across the tide, still following him in the same position, and turned him completely round—I then lost Radford, and saw Hipkins sit-ting in his boat, and completely turn over, and no other boat near him at the time—the accident occurred in the course, I may say, of less than a minute—the exclamation I made was, "Good Heavens! the man is in the water, who will save him?" and within half a minute I saw some boat, which was a larger one, come up close to the boat, and then all the other boats closed round—I did not see the man got out—at the time Hipkins's boat capsized that larger boat was not near enough to interfere with the other—I could not see it.
MR. CHAMBERS. Q. What boats did you see? A. My attention was directed to the two boats, whether the one crossing the tide would be able to get back—had there been another boat close I must have seen it—the tide was running down very strong—the turning round of the boats was very rapid and sudden—they were locked together better than a minute—while they were in that position I did not notice the boats that were waiting on them—the first thing I observed was, Hipkins go over after they were locked together—his boat was lying evidently between Radford's and the cutter, which was below them—I did not notice any thing astern of them—I was standing above them—they had not reached me—they were within thirty or forty yards of me—there were vessels between us in the line, but the space about them was quite clear—there were craft on the side of the river, and persons on them—there were a great many boats there—I did not see any boats astern—I will not swear there were none.
JAMES MORRIS (the defendant.) I am a waterman and lighterman. I was in the cutter on the day in question, going up in the eddy by Horsleydown New-stairs—Radford's boat was nearest the shore, and Hipkins's was astern of Radford—Radford took the offset of the tide, and directly Hipkins rowed on to him—the eddy is very strong there—Hipkins rowed onto him, and got between him and the tier—Radford's head was turned off the shore—as he went against him, he shifted his position to try to get his boat right, and slid right down—Radford's boat turned towards the Horsleydown side—there is a tier on each side the river, and a clear space in the middle—the first man that catches the tide gives the other one an ad-vantage by going into the tide—the tide was about three parts at that time—at the time Hipkins's boat turned over, our galley was about five or six yards, or more, away from it—the consequence of Hipkins's boat hanging over Radford's would be that they would both come down with the tide,
it was done in a moment—they would have come down a little down a little during that time.
COURT. Q. How many pulls of your boat would it take to get six yards? A. Four or five strokes—our cutter had nothing to do with turning over the boat—the word was, "Give way," to pick the man up—we came up to the boat—James took hold of him, pulled him into our vessel, and took him ashore—nobody in the cutter did any thing to upset Hipkins's boat.
MR. CHAMBERS. Q. Hipkins is a sad fellow for fouling, is he not? A. Why, in several cases he has fouled—he is generally complained of for fouling—he was complained of that day for fouling—I heard several people say they wondered he could not row fair, running into the man—I was in the cutter before the men started—they made one start, and Hipkins rowed into Radford—he fouled—he was called back—we were not pleased at that, because we wished the men to row fair—we immediately said, "Catch hold of Radford's boat's-head, and start him again"—we did so, and Hipkins was brought back too—I heard them say, "Why don't you row fair? if you don't row fair, you shan't have the boat if you can win her, unless you row fair"—I cannot say who said that—it was not me—I do not know who it was.
Q. Will you swear Henry James did not say, "So help me G—d, so help me J—C—, if he can win the boat, he shan't have her?" A. I would not swear he did not say so, because I cannot tell—I will not swear that George James did not say, "You shall have a swim for it"—there was a word mentioned about that, I believe, but I cannot say—it was after they started the first time—I heard some person say something of the kind—I did not hear King say, "You shan't have her"—the wherry which was waiting on Hipkins's boat was astern of us when we picked Hipkins up—I was sitting down when the accident happened—I could see the head of our boat—my face was towards the head—our men had eased their oars till the word was, "Give way," when they saw the accident—I cannot say whether the oars were out of water.
COURT. Q. Did not your boat pull up as sharp as it could immediately on finding Hipkins had struck the stern of Radford's boat? A. Yes, by seeing the boat turn over, not before it turned over—we did not go up to interfere with the fouling—it was fouled—we were there to see fair play, but we could not help it being fouled—we did not row up when we saw they had caught together—when they had started false at first, we had caught hold of the head of Radford's boat, and bowed him up to start again—I saw a cutter lying, and as Radford's boat turned round, he might have struck her.
MR. CHARNOCK. Q. Was any expression, such as you have been asked about, used till after the fouling took place at the first starting? A No—I believe the words used, were, "You little rascal," or something of that kind, "can't you row fair? if you don't row fair, you shall not have the boat"—this was after he had been charged with fouling—I did not Hear any other expression.
COURT. Q. Will you swear Henry James did not say, "So help me G—d, if it is possible for young Hipkins to win the boat, he shall not have her?" A. I will swear I did not hear him—I did not hear George James say he should have a swim for it—the words were mentioned about
swimming—a man in the boat said he should have a swim for it—I did not hear any one say, "So help me, G—d," "So help me J—C—"—I did not hear Mr. Broughton speak to Henry James about the language he used—he might have spoken to him, and I not hear it.
GEORGE LOFT LUTON . I am a waterman. I was one of the competitors at the race, but not in the last heat—Radford and Hipkins were both close to one another, rowing in the eddy, till they came to Horsleydown New-stairs—the offset of tide just caught Radford's boat's head, and turned it to the north—Hipkins's boat came up, touched him on his starboard-quarter, and made him go athwart the tide—Radford's boat caught our cutter, and Hipkins was on the quarter—he tried to extricate himself off the boat's quarter, but his scull was overpowered by the tide—he slid down, and his boat filled, turned over, and he went down with it—the cutter then came up—the man at the head put his hand out, reached over, and dragged Hipkins out of the water right over the boat—he was in the water before the cutter came up—it was not upset by the cutter coming up against him—the cutter had nothing at all to do with it, she was not near enough—the boat was half sunk—she did not go over in the first instance, not till she got more water in her—I should say James's cutter was three galleys' length from her at the time she capsized—I did not hear the word "Give way."
MR. CHAMBERS. Q. These models were at the supper, were they not? A. Not all of them, there was one there—I cannot say who exhibited it there—they were not worked on the table—they might have been there—they were brought there with the intent to bring them here to show the parties how it happened—it was not rehearsed at the supper—I did not push the boats about at the supper to show how it happened, nor did any-body in my presence—I saw one boat brought into the room, but I was called out of the room—I do not know who produced it—it was at the Rose and Crown public-house—it was not talked of in my presence how it happened—what I had I paid my share for—there were other persons there be-sides boatmen—the supper was the night before the Surrey Sessions—Mr. Monk, the landlord of the house, invited me—I cannot say how many were there—there might be twenty or more—there was no subscription made to pay the defendant's expenses—I paid 2s. or 3s. for my part to Monk—we all bad to pay for what we partook of—sometimes the land-lord puts down a trifle, which is put with the rest—we bad something to drink after supper—I have not seen the three boats before to-day, I have seen two before—I swear I did not see two at the supper—I cannot say that there was not a word spoken about the boat-race at the supper—I had no say in it—the way in which the accident happened was not talked of in my presence, I swear that—the two James's were there, and Legon—I do not know whether Morris was—I was called out of the house on business—it was eleven o'clock when I went away—I left the others there—I belong, to Horsleydown New-stairs.
MR. JONES. Q. Have you entered into a conspiracy to misrepresent the truth? A. I come to speak the truth.
COURT. Q. When did you first put these boats together to show how it happened? A. I cannot say exactly—I have seen the boats, but it was not at the supper—no one practised to show how the boats struck against each other, in my presence—several people took them up and looked at them when they were shown.
JOHN KELLY (police-constable M 85.) I was on duty on the 5th of August in a barge, close to Horsleydown New-stairs—I saw Radford's boat come up alongside the shore—the other boat came close to it, touched Radford's boat on the outside quarter, and turned her round; she turned round with the tide, and by some means or other tipped over, and in a very short time after, a galley with five or six men came up, and pulled him out—I am quite positive the galley was not up at the time the boat tipped over—it turned over in the way the tide was coming.
MR. CHAMBERS. Q. Was the river clear? A. The part where the wager-boats were was—when Hipkins's boat touched Radford's, I believe Radford's went against a cutter—it stopped—I could not tell the cause of the stoppage—there were a number of boats astern—the whole thing did not occupy more than half a minute—I never saw these three boats before—I was not at the supper—I did not go to the Thames police-office—I had a subpoena two or three days before the Surrey Sessions—I was astern of the boats—there were several barges between me and them, close to the shore—there was nothing in the water between us—I was within thirty or forty yards of them—I saw a wherry which came up not a minute after Hipkins tumbled into the water—the day after the match, I was talking about it to Mr. Monk, and he said, "Did you see it?" and I heard nothing further till I was subpoenaed—I never heard of the supper till to-day—I have only been in Monk's house once since, and that was last Sunday night when I was off duty—I did not meet any of the witnesses there, nor any of the defendants—I did not know Henry James till this occasion—I was merely passing by the house, and called in—this case was not talked about.
MR. CHARNOCK. Q. Are you quite certain the boat capsized before the defendants' cutter came up? A. Quite.
HENRY JAMES HAMBROOK . I am a constable of the Thames police—I was in a small skiff, near Mill-stairs, just below Horsleydown New-stain, and saw Hipkins coming in towards the shore—after rounding the tier Radford took the lead—I saw Hipkin let go his right-hand scull, take the left-hand scull in his two hands, and endeavour to place the blade of his scull against Radford's boat to shove him astern, which he missed, in con-sequence of that, Radford shot before him, and cleared him, and got ahead of him—I then saw Hipkins draw up towards him nearer the stairs, and in coming in the eddy, I saw Radfords boat rather shot out with the tide running down with the offset of tide, with the head towards the north—at that time Hipkins touched him on his quarter, and Radford's boat's head went out athwart the tide—Hipkins seemed to pull a stroke rather harder than usual, I suppose to send him farther out to let him go by, and his boats stem went on the gunwale of Radford's boat, and Radfords boat being athwart the tide, drew Hipkins's boat athwart the tide also—his boat was off the balance, and the tide running down very strong, caused her to see on her larboard side, the strength of the tide catching the canvas was in all probability the cause of it, I saw the boat turn over immediately, and Hipkins fell into the water—there was no other boat touching it—I saw a cutter row up towards the boat then—what cutter it was I cannot say—I took a scull, and sat down to row towards it, which prevented my seeing him taken out—Hipkins's boat was capsized, and he in the water before the cutter shot in towards him—it had nothing at all to do with capsizing the boat.
MR. CHAMBERS. Q. How far off were you? A. From forty to fifty yards—there might have been two or three boats between us,—I was close in-shore, close to the craft—the boats had passed me—there were three persons in my boat—Morris, a waterman, no relation to the defendant, one Langford, and Tarling, who belonged to the boat—I was not at the supper—I was not invited—I did not know they had a supper—I was at the Thames Police-office when the defendants were there—I was not called—I did not go there as a witness—my duty calls me there—I was not inside—I will swear there were not more than three or four boats between me and the rowers.
COURT. Q. The front part of the boat was a considerable part out of the water, was it not? A. Yes—the stern of a boat, when pulled hard, will drag nearly level with the water—the stern was covered with canvas.
JOHN HONEYMAN . I was steering a four-oared cutter near the boats at the Regatta—I was right off the place where the collision took place, lying with-in the tier, perhaps fifty or sixty yards off—I could see the rowing of the boats—they were inside us—we were lying on our oars, waiting for their coming up—they came up while we were lying there—Radford's boat was inner-most, if there was any difference, and Hipkins's was out just on his quarter—Radford's boat was first—I saw Hipkins touch Radford on the top of the stern, and he, being just at the offset of the tide, it carried his boat round—Radford's boat's head came against our gunwale, and by that sudden stoppage Hipkins's boat ran on to Radford's—I think Hipkins slid, or attempted to get up—the boat turned over against the tide, and Hipkins fell over on the larboard side into the water—the tide was going down—it turned over towards London-bridge, against the tide—the boat was athwart the tide—at the time Hipkins's boat tipped over there was no boat close to them—James's cutter was some little distance astern, to the best of my knowledge, five or six yards, it may be a yard more or less—while the boats hung over each other's quarter they were going down the tide—I saw the cutter come up after the accident—from Radford's boat being stopped so suddenly, and Hipkins striving to back water with his right hand, it caused the boat to trip the contrary way, and he slid—he was in the act of getting up—he went out on the larboard side, and went over against the tide—Hipkins was trying to get ahead of Radford, and to get the head of his boat as it was before—I saw James pick Hipkins up after the boat upset—I am positive the cutter came up after the accident.
MR. CHAMBERS. Q. What are you? A. A waterman, at Horsleydown New-stairs. I know all the defendants—I had seen four heats before this—Hipkins fouled shamefully—he belongs to Horsleydown Old-stairs—he fouled Luton in the first race, just above Horsleydown Old-stairs, going round the tier—he made himself and Luton lose the race, and let Wheeler come in—Wheeler belongs to George's-stairs—I was lying fifty or sixty yards from the boats when Hipkins went over—our boat did not move at all—we were lying on our oars—our head was towards the bridge—I cannot say whether our oars were in the water—they are four-teen or fifteen feet long—I was at the helm, standing up—I noticed James's cutter five, six, or seven yards behind, it might be a yard more or less—they were rowing—it did not stop at all, till they came and picked the man up—I knew they were waiting on Radford—I should say the cutter rowed up half a minute at the utmost after Hipkins was in the water
—I saw one of these models before J saw the rest—this cutter was made by Hamilton, for the trial.
DAVID ANSELL . I am a policeman. I was present at the Regatta—I was up stairs in a granary, considerably above the water, and about forty yards from where the boat capsized—I could see a long way—I saw both boats coming close to the edge of the water—Radford's boat bore a little out towards the middle of the water with its head—Hipkins's boat came and caught the nose against the stern of Radford's boat, which directly twisted round, and then Hipkins's hung on the stern of Radford's—it kept so till it had nearly done turning round—the man shifted a little in the boat—I think that caused it to capsize, and he fell into the water—I saw the galley come up in about a minute, and pick him up—at the time Hipkins fell into the water, and his boat was upset, the cutter was not near enough to interfere with him in any way—I am positive it did not come up till after the accident—there was no third boat up till after the accident, and that was the boat that picked Hipkins up.
MR. CHAMBERS. Q. Were you astern of the boats, or ahead of them? A. Ahead of them—there were several barges between me and them, but I was up high, in Mr. Coventry's granary—several boats were rowing after them—I do not think there were a dozen, because they were by the side of the water, making room—I saw Radford's boat go towards a cutter, but whether it struck I cannot say, but I think it must have touched—it might have been stopped by it—I cannot say whether it touched the cutter or not—the galley that rowed up and took up the man was about a yard or two from the boat—the boat laid pretty well across the river when he was got out—if the man had staid steadily in his boat I do not think it would have happened—the cutter was a considerable bit from the boat when it got hooked on the stern of the other.
MR. JONES. Q. Can you pretend to form any accurate notion of the distance the cutter was from the boat? A. No, not to be certain to half-a-yard or a yard.
WILLIAM ARTHUR BROUGHTON , examined by the Court. Q. Were you manager in this case on one side? A. On both sides—after the first start, the men were brought back to start again—Henry James was irritated, because the men were called back, Radford being a little in advance of Hipkins; and he said if Radford could not beat Hipkins, he should not have the boat—he did not mention any person's name—he nodded his bead towards Hipkins, and I believe he said, "So help roe, Jesus"—Hipkins did not speak to me in consequence of that—I asked James for an explanation—he said he meant nothing by the words he had expressed, after the time he had spoken them—he did not mean any further meaning to them—I did not hear what George James said, nor what King said—I belong to George's-stairs—I have the terms on which the race was to be run—they have each of the men's signatures to them.
(This paper being partly read, stated, "Should either wagerman wilfully foul another, he shall forfeit all claim to the wager" &c.)
HENRY JAMES—GEORGE JAMES—LEGON—KING—RIVETT and COOK— GUILTY .
Before Mr. Sergeant Arabin.
MR. CRESON conducted the Prosecution.
JOHN GREGORY . I live in Old-street, St. Lukes, and am an appraiser. On the 31st of January I paid the prisoner 3l. 7s.—I saw him write the receipt to the bill—on the 30th of April I paid him 2l.—here is the invoice which I saw him write the receipt to—(read.)
JOHN DENNIS SEN . I am in partnership with my son, we are horse-hair manufacturers and wool-factors, and live in Russell-street, Dock-head, and we have a shop in Tooley-street. The prisoner, in January and in April last, was in our employ as a traveller—he was to receive monies from our customers, and to account to me when he brought them home—I am the only person who receives money—I ordered him since Christmas to pay nobody but me—he never accounted to me for this 3l. 7s., or 2l. received from Mr. Gregory.
Prisoner. Q. Have I not paid monies since Christmas to other persons? A. No, or if you did you had no authority to do so—I know nothing of your having done so.
JOHN HUNTER . I keep a general furniture-warehouse in Blackfriars-road. On the 21st of May I paid the prisoner 2l. 10s. on account of his master—I have the invoice which he receipted in my presence—(read.)
JOHN DENNIS, JUN . I am the son of John Dennis, and in partnership with him—I never received either of these sums from the prisoner—I received an account from him in November, which I entered in the book—after that, my father gave him particular orders to. pay no one but himself.
CHARLES SIMPERINGHAM . I am in the prosecutor's employ at Tooley-street. In consequence of suspicion I examined the books—I did not find this 3l. 7s., or the 2l., or the 2l. 10s., entered in any of the books—the prisoner was called up into the room—I went up behind him—I pulled out the list which I had made, and it was read over to him—after he heard it, he put his hand into his breast-pocket, and pulled out a letter, or was going to do it—he said, "You may read this, and you will see that I have sufficient coming to me in a short time that will pay it all"—these sums were mentioned in a paper I read to him, and a great many more.
Prisoners Defence. I duly accounted to my master for the sums I received; but unless the cash-book was there on the desk, he scarcely ever would get it to enter it.
GUILTY .* Aged 34.— Transported for Seven Years. (There was another indictment against the prisoner.)
RICHARD WIFFIN . I am a wheelwright, and live at Camberwell—I seep rabbits in my yard and garden. On the 7th of August they were safe at nine o'clock at night—at five the next morning my wife awoke me, and I found three of my rabbits in a bag, and one had made his escape out of it—I knew the prisoner, and have often told him to keep away from my shop.
the morning of the 7th of August, I was awoke about three o'clock—I went round the garden, but saw nothing—about four the dog began to bark—I got up, and saw the prisoner in the garden under the window—I unbolted the back-door, which disturbed him—he got through his mother's house, over several fences, and made away—I knew him before, and am sure he is the person—in searching about I found a sack in a neigh-bour's garden, with three rabbits in it, and one rabbit had got out of a hole in the sack, and was in the garden.
Prisoner. I had a blackbird, who got out of the cage, and I went after him—I did not touch the rabbits—nobody saw me touch any thing.
GUILTY . Aged 19.— Transported for Ten Years. (There were two other indictments against the prisoner.)
2519. HENRY WHITE and WILLIAM SMITH were indicted for stealing, on the 18th of August, 1 basket, value 1s. 6d. and 3 1/2 lbs. weight of butter, value 3s. 6d.; the goods of Edward Kenward; and that Smith had been before convicted of felony.
EDWARD KENWARD . I am a carrier from London to Fletching, in Sussex. On the 18th of August I had this butter safe in a hamper under my cart at Bermonsdey—I got up to ride, and when I came to Thomas-street, a person asked if I had lost any thing, and I missed the basket of butter.
SAMUEL MANLEY . I live in Maze-pond—I saw the carrier sitting at the far end of his cart, at the back of Guy's-hospital—I saw the hamper, slung under the cart on the left-hand side—I saw Smith at the side of the cart—he had hold of the shafts, but could not get the basket—White then went round, and got the basket out of the hamper—they walked away down Thomas-street—I told the carrier, and went after the prisoners, but missed them—I saw them together afterwards in Berraondsey-street—they had not the basket then—I am sure they are the persons—I knew them before.
White's Defence. I was going to the market, and met this man; I spoke to him; the officer came, and said he wanted me on suspicion of stealing butter; I said I had not seen any.
WHITE— GUILTY . Aged 17.— Transported for Seven Years.
SMITH— GUILTY . Aged 22.— Transported for Ten Years.
JOHN CHITTLEBURG . I live in Portland-street. On the 8th of August I and my wife were in a gig opposite the Deaf and Dumb Asylum, in the Kent-road—I imagine it was about a quarter to nine o'clock in the evening—I called at a friend's house, and left my wife's cloak and my own
dark green coat, with a velvet collar, in the gig—I was absent about half an hour—I had left a boy with my gig, who had run up and asked if he should hold the horse—when I came out my coat was gone—I have never seen it since.
Cross-examined by MR. PAYNE. Q. Have you never seen the boy that you left in charge of the chaise? A. He was there when I came out—I have not seen him since.
RICHARD FREEMAN . I am apprentice to Mr. Walker, a grocer, in Old Rent-road. I know the prisoner—I have seen him about the cab-rank often—on the evening of the 8th of August I was walking in the Kent-road, near the Deaf and Dumb Asylum, and saw the prisoner take the coat from the chaise—it was a dark coat—he stood at the corner and pat it on his arm, and walked off.
Cross-examined. Q. Did you not go after him? A. No, I went to put my master's chaise away—I was walking behind my master's pony, which James was leading—I was three or four yards from the person who took the coat—I was going towards the Bricklayer's Arms—he went across the road, and down Mason-street—I put my master is chaise away, and then came back, and waited till the prosecutor came out—it was a dark night.
EDWARD JAMES . I was in the service of Mr. Walker, of the Kent-road. On that night I was leading my master's horse in the Kent-road—I saw the prisoner with the coat on his arm—I knew him quite well before—it was a dark coat—I think this was ten or twelve yards from the Deaf and Dumb Asylum when he got the coat—he ran into the middle of the road, and made his escape—I am sure he is the person.
Cross-examined. Q. You did not go after him? A. No, I did not leave the pony—I was five or six yards from him—Freeman is in the same service as I was then—I left the service on Friday fortnight, because of some tales about me.
JAMES WARD (police-constable M 220.) The two witnesses described the prisoner to me—I found him on the 8th of August, about half-past ten or a quarter to eleven o'clock at night, in the King's Arms—I sent the witnesses in, who came out and said that Wood was there smoking a pipe—I went in, and told him I took him for stealing a coat from the door of Mr. Dedman, in the Kent-road—he said he knew nothing about it, he had been in the public-house all day.
Cross-examined. Q. Did he not say he had been in that public-house all the afternoon? A. "All day"—I will swear I told the Magistrate he said "all day."
MR. PAYNE called
THOMAS CAMP . I live in Flint-street, Lock's-fields. I remember Sunday evening, the 8th of August, when the prosecutor's coat was said to have been stolen—I was not in the King's Arms when the prisoner was taken, but I went there about eight o'clock that evening, and went away a little before ten—the prisoner was there when I went, and there when I left, and during the time I remained there, he was in front of the house, or close to it—I was sitting inside the house, at a table in the front—I think I did not lose sight of the prisoner for a minute—I am a town-traveller in the cigar and tobacco trade—I think I may say with confidence that the prisoner was not away from the King's Arms—that is not more than 150
or 200 yards from the Deaf and Dumb Asylum—I do not know Mason-street.
COURT. Q. Who are you traveller to? A. Mr. Faulkener and Mr. Hall, in the tobacco and cigar trade—I go about from one street to an-other—I frequent the King's Arms about once or twice a week—I am paid a commission on the quantity of goods I sell—I have known the prisoner three or four years—he was a cab proprietor—I understand he now drives a cab—he had part of a pint of ale with me that night, or two pints—we were scarcely two hours drinking together—I do not know how long a man would be carrying a coat 150 yards—the prisoner's whole time was not occupied with me that night—I saw him there, and he drank with me—I paid for it—he is not a friend of mine—I employed him three years ago—I can say with confidence that the prisoner did not leave the King's Arms that night—he was not out of the house, during the two hours, for an interval of many minutes.
Prisoner. Freeman swore to another man at Union Hall, and yet they have never mentioned any thing about that; and his master said, "I will make it all right for you, but we will do it for him."
COURT. Q. Have you seen the man that was behind the prisoner since? A. Yes, he was always about the Bricklayer's Arms with the prisoner, but the prisoner is the man who took the coat.
JAMES WARD re-examined. The other man was apprehended the same evening—the witnesses said he was running across the road, but that the prisoner had the coat on his arm—Mr. Trail said there was not evidence enough to convict the other, and he should discharge him.
GUILTY . Aged 26.— Transported for Ten Years.
2521. JOHN SCULTHORP and WILLIAM SHEFFIELD were indicted for stealing, on the 5th of September, 21 bs. weight of pork, value 10d., the goods of James Ware; and that they had been before convicted of felony.
JAMES TIDMARSH (police-constable M 51.) On the 5th of September, about a quarter-past ten o'clock in the morning, I was in Union-street, Borough, and saw the two prisoners in company—I watched them, and saw Sculthorp take a piece of pork from inside the shop-window of Mr. James Ware, and give it to Sheffield—I followed him, took it out of his bosom, and took him—Mr. Ware would not attend—I waited on him next morning, to ask his name—he is the owner of the shop—I saw the port in his shop, and saw the prisoner take it.
SCULTHORP— GUILTY . Aged 20.
SHEFFIELD— GUILTY . Aged 20.
Transported for Seven Years.
Before Mr. Common Sergeant.
JAMES RATH BONE . I am in the service of Mr. William Kingston, in Westminster bridge-road—between five and six o'clock in the evening of the 10th of September, I was behind the counter serving the prisoner—I saw her take a small piece of green ribbon—she asked for no particular colour—she had bought two yards and a half of white and pink—I saw the green, which she had not bought, under her handkerchief—she put the green back and wanted some more ribbon, and took this other ribbon out, which she let drop on the floor in my presence—she took her purse out of her pocket and let it drop as well—she picked her purse up and wanted to pay for what she had bought—she then took up this ribbon and concealed it about her person—I let her go as far as the door, within a step of being outside, I then turned her back, and she let her purse and this ribbon fall on the floor—I took her to the end of the shop—she asked Mr. Kingston to forgive her—she was examined—there was nothing found on her but some small parcels of ribbon.
Cross-examined by MR. CHAMBERS. Q. Did you see her put the green ribbon back into the drawer? A. No, I saw her take it up and put it in her handkerchief—she did not do so with the otters—she put them into the box again—there were no other young men serving—the handkerchief was lying on the counter before her—there was but a small piece of green ribbon—she pulled this ribbon off the counter with her handkerchief—I did not see her pick it up—I saw she took it with intent to steal it—this was concealed under her shawl or somewhere—I have not the least idea where it was—I charged her with stealing the green ribbon till I saw it in the drawer.
JURY. Q. You sold her ribbon after you thought she took the green ribbon with intent to steal it? A. Yes—this ribbon she let fall from her person, it was found on the floor right under her, ten paces from the place where she had been sitting, and three paces from the door when she was going out—I swear distinctly to her dropping it after I charged her—I was inside of the counter—I was holding her by the shoulders when she dropped it—I am certain it did not fall from the counter after she had gone from the counter—it could not have been entangled in her dress.
JANE TRENCHERD . I searched the prisoner—she said she had been in the shop two or three times before, and it was the first time she ever took any thing—she had a sovereign and some silver—she said she would pay for it.
Cross-examined. Q. How long is this ago? A. It was on the 10th of this month—I heard her say she was just married and had two children, and for the sake of the poor little children to let her go.
JOHN JONES (police-constable L 14.) I took the prisoner—this ribbon was given me by Mr. Kingston, and while he was in the shop the prisoners said, "Pray do intercede with Mr. Kingston to let me go, I will give you this"—holding her purse up to me.
WILLIAM HEMMINGLANE (police-constable L 175.) I produce a certificate of the prisoner's former conviction, which I got from the office of the Clerk of the Peace for Surrey—(read)—the prisoner is the person.
GUILTY . Aged 20.— Transported for Seven Years.
2523. THOMAS HEWETT was indicted for stealing, on the 16th of September, 1 watch, value 3l.; 1 watch-guard, value 1s.; 2 watch-keys, value 1s.; and 1 watch-chain ribbon, value 1d.; the goods of Thomas Russell.
THOMAS RUSSELL . I am master of the Friends schooner, lying at Bede's-wharf, Surrey—I had watch-guard, two keys, and a ribbon—on Wednesday evening, the 15th, I had it in my hand—about eleven o'clock. at night I put it into my drawer—the following morning it was gone—this now produced is it.
JOHN PHILLIPS . I am a watchman—I was walking on this wharf—I met the prisoner between one and two o'clock on Thursday morning, the 16th—I stopped him, and asked how he came there—he made some altercation, and said he belonged to a Gainsborough vessel that was then come up—I said, "You have no business here, they do not come here"—he said, "They come to Hazel-wharf"—I let him go—when I came down to the wharf at eleven that night, the prosecutor asked me if I had seen any strangers, and said he had lost his watch—then I told him.
Prisoner. Can you swear I came through your wharf that morning? Witness. Undoubtedly I can.
Prisoner's Defence. This is my own watch; I bought it last Tuesday morning in Thames-street, of a sailor; I was not on the wharf.
GUILTY . Aged 21.— Transported for Seven Years.
THOMAS HALES . I am in the employ of John Brockbank, in Welling-ton-street—the prisoner was working there for my master—about nine o'clock, on the 3rd of September, I followed him out of the shop, and told him to give me the rolls of tobacco—(we had missed some)—he made no answer—I found them on him—I had seen some tobacco in the privy—these produced are my master's.
Cross-examined by MR. PAYNE. Q. When did you see it in the privy? A. Between seven and eight o'clock the night before, on a shelf overhead—any one could see it who went there—Mr. Lewin saw it, and called my attention to it—I let it remain till the morning—I saw the prisoner about half-past seven, and found the tobacco on him, in St. Saviour's-court—he gave it to me, and came back with me—he was not taken for three hours after—I have heard he has got two children—I believe he is a widower.
(The prisoner received a good character.)
GUILTY . Aged 31.— Confined Six Months.
Before Mr. Sergeant Arabin.
GUILTY . Aged 17.— Confined Three Months.
Before Mr. Common Sergeant.
CHARLOTTE WESTON . I am a widow, living in Plough-terrace, Battersea. About eight o'clock at night, on the 4th of September, I was at Battersea—I had a boa round my neck—I dropped it as I was walking in the road—I believe this now produced to be mine—it resembles mine—I lost it about twenty yards from Mr. Harefield's shop.
Cross-examined by MR. CHARNOCK. Q. It is a very common one? A. Yes, and an old one.
JAMES TITMUS . I found a boa about eight o'clock on the 4th of September, in the road—the policeman said to me, "What is that, my boy?"—I said, "A pussy"—he took it from me, unbuttoned his jacket, and put it in—I cannot tell whether this is it—it was dark—I do not know who the policeman was—I cannot swear to the prisoner—this is my writing—(looking at the deposition)—I recollect what I told the Magistrate—I was going for some oysters, and saw the policeman talking to Mr. Stan-field.
WILLIAM STANFIELD . About eight o'clock that evening the prisoner, who was a policeman, asked me if I saw two men pass—I said, "No, possibly they have gone down the lane"—this was about a hundred yards from where the boa was lost—there is only one policeman on a beat.
Cross-examined. Q. You do not know where the boa was lost? A. Yes—the prosecutrix was at our shop just before, buying some cheese.
Cross-examined. Q. Who is she? A. The prisoner's sister.
Cross-examined. Q. What is the prisoner? A. My brother—his wife came to my house by herself—she had the boa—she did not go home that night.
ROBERT EMERSON (police-sergeant V 9.) I was acting-inspector at the station—I spoke to the prisoner about this boa—I received information, on the 5th, that the boa had been lost on his beat—I communicated it to him—he said he had not seen or heard of it—it was his duty to have reported it on the first opportunity.
GUILTY . Aged 28.— Confined One Year.
GUILTY . Aged 29.—Recommended to mercy by the Prosecutor. Confined Four Days.
JAMES STEVENS . I am a labourer, living in a cottage near the Horse and Groom public-house, on the Croydon-road. On Monday, the 13th of September, I left my cottage at a quarter to two o'clock, at dinner time—I locked the door and took the key—no one was at home—I left my clock, and coat, and hat, and snuff-box all safe—I was fetched back, and these things were gone—these produced are them.
EDWARD DANIELS . I was at work in a field adjoining the prosecutor's house on this day, and saw the prisoner come from aside the house with the coat on his arm—the prosecutor's daughter ran up and said her father's house had been robbed—I went after the prisoner, and caught him hiding the coat in a dunghill—I knocked the hat off his head, and took the coat out of the dunghill—I took them to the house, and found the clock in a ditch in a field which the prisoner had been in, covered over with grass.
Prisoner. Q. Did you see me in the field where you found the clock? A. Yes—I came up and asked what you had done with the coat—you came up and gave it to me—I said all our men were out after you.
Prisoner. Q. Was I coming out of your father's premises? A. Yes; you were leaning on the gate—I saw a man speaking to you.
Prisoner's Defence. I and another man got fighting; I was all over blood; I went to Stevens's house to get some water; I called; no answer was given; I went round; one of the men broke the window, opened it, got in, took the clock, and ran off; I took the coat, hat, and snuff-box, and was coming away; Daniels saw me; I delivered them up; I could have got away, as it was half-an-hour before they came up.
GUILTY . Aged 21.— Confined Six Months.
Before Mr. Recorder.
ANN PUDWICK . I am servant to Mr. Thomas Phillips, who lives at Clapham; he is a clerk in the Bank. The prisoner's wife was employed as wet-nurse at my master's—she left the latter end of May—I had seen this satin scarf in my mistress's possession—I missed it on the 5th of September—it was kept in a drawer in the wardrobe, in the nursery where the prisoner used to come to see his wife.
Cross-examined by MR. PHILLIPS. Q. Did not your mistress promise over and over again, that she would forgive the person who took this, if she would confess? A. She said, if Mrs. Allen would confess to it, she would forgive her—Mr. Allen was about to be taken on this charge—my mistress sent me with a message to Mrs. Allen.
at Greenwich. This scarf was pawned by the prisoner on the 17th of July—he said it belonged to his wife.
WILLIAM SMITH . I am a potato-salesman, and live at Deptford. The prisoner borrowed 10s. of me—he left me two duplicates till he brought me the money, but he did not bring it—I sent and had this scarf taken out of pawn by means of one of the duplicates.
Cross-examined. Q. Had you known him? A. Yes, about fifteen months—he is a gardener—I never heard any thing wrong of him—I know he has been in great distress.
JAMES WILLIAM BURRIDGE (police-constable V 160.) I apprehended the prisoner, on Friday last, at Streatham. I got this scarf from Mr. South—I learned from the prisoner's wife that Mr. Smith had got the duplicate.
Cross-examined. Q. You went to the prisoner's wife? A. Yes—I did not threaten to lock her up—I said she had been at the prosecutor's as wet-nurse, and the scarf was gone, that she, having access to the drawer, must know something of it, and Mrs. Phillips would lock her up on suspicion if she did not get the thing—I did not tell her the baby should be taken also—she was not taken to the station—I used no threats to her whatever.
Prisoner. I intended to have taken it out again.
GUILTY . Aged 28.—Recommended to mercy.— Confined Six Weeks.
Before Mr. Common Sergeant.
2530. THOMAS BRAIN and JOSEPH STONE were indicted for stealing, on the 18th of September, 1/2 a bushel of a certain mixture, consisting of beans, oats, and chaff, value 10d., the goods of William Chaplin and another, the masters of Brain.
GEORGE OAKLEY . I am in the employ of Mr. William Chaplin and Benjamin Worthy Home; they are carriers. Brain was their carman—I sent him to Deptford on the 18th of September, with a load of bales of blacking—he had his nose-bags full of mixed corn for the horses, consisting of white oats, black oats, beans, and chaff, mixed together—he had no business to do any thing with it but to give it to the horses—he was to feed them when he pleased—here is some corn which I believe to be the same we sent by him.
THOMAS COSTON . I am a police-sergeant. On the 18th of September, about half-past five o'clock, I was on duty at Rotherhithe—I saw a cart with two horses, standing at a public-house door—I passed on the near side, and saw Brain at the tail of the cart, and Stone, the ostler, went from the horses with a nose-bag under his arm, which appeared to be half full—I saw him cross the road, and go into a shed or stable which he occupies—he came out instantly, with an empty nose-bag—I did not see Stone take the nose-bag from the horses—Brain was at the stern of the cart—he saw him and saw me—Brain went on a short distance with the cart and the empty nose-bag—I went and asked how the ostler came in possession of the nose-bag and its contents—he said Stone asked him for the corn, and he gave it him—I asked if his master allowed him to do it, and he said, "No"—I told "m to come back, and I would make the ostler give it him back—he came back, and I told Stone to give the corn back which he had taken—he took the nose-bag from Brain, and went into the stable—I followed him, and he
put about as much corn from the top of the bin, into the nose-bag as he had taken before.
Cross-examined by MR. PHILLIPS. Q. Do you know exactly what it was that this mixture consisted of? A. I did not mix it, nor was I present when it was mixed—Brain has hitherto borne a respectable character—we had no reason to suspect him—to the best of my belief, this mixture consists of white oats, black oats, beans, rye, grass, and clover hay.
JURY. Q. Is the corn taken back from the ostler similar to that which was in the other nose-bag? A. Yes.
(Brain received a good character.)
BRAIN— GUILTY . Aged 24.
STONE— GUILTY . Aged 61.
Confined Three Months.
CATHERINE HALL . I am a widow, and live in William-street, Lambeth. On the evening of the 29th of August the prisoner came to my house, and asked if Mrs. Price was at home—(she is my lodger, and is a monthly nurse)—I told him no, she had been sent for—I gave him her ad-dress, where she was stopping at the time—he went away, and in a few minutes came back again, saying Mrs. Price had sent him, and she would be very much obliged if I would be so good as to send her 3s.—believing him I gave him 3s.—I should not have given it to him, if I had not believed Mrs. Price had sent him.
Prisoner. She stated I was not the person. Witness. He is the very person.
Prisoner. I was sent by that good lady's son. Witness. I have a son, but he is abroad—he enlisted for a soldier three months ago.
Prisoner. I have got a letter her son sent me while I was in Horsemonger-lane—he took my coat and pawned it, and he sent me for the money—the officer saw her son twice.
WILLIAM TOMKINS (police-constable V 119.) When I took the prisoner he said Mrs. Price had sent him, and when I was taking him to Mrs. Hall's he pointed out a person, and wished me to leave him, and go and take that person—he said the two ought to be taken—I have no belief that it was Mrs. Price's son—after some time he pointed out another person, twenty or thirty yards further on.
GUILTY .* Aged 20.— Confined Nine Months.
Before Mr. Common Sergeant.
NOT GUILTY .
ADJOURNED TO THE 25TH OCTOBER.